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| The Tax Publishers2021 TaxPub(DT) 3523 (Bang-Trib) INCOME TAX ACT, 1961
Section 254(1)
Where assessee by way of additional ground raised before ITAT, challenged validity of reassessment order passed under section 147 taking plea of section 147, facts relating to the issues raised in the additional grounds were already on record, therefore, additional grounds was admitted for adjudication.
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Appeal (Tribunal) - Additional ground - Legal issue and facts already available on record -
Assessee by way of additional ground raised before ITAT, challenged validity of reassessment order passed under section 147 pleading that assessment was reopened after the expiry of four years from the end of relevant assessment year without mentioning that there was a failure on the part of assessee to disclose truly and correctly all material facts necessary for assessment and the reassessment order essentially was a review order in the garb of reassessment as same was based on material already on record without bringing on record any additional material and thus constituted change of opinion by AO. Held: Since the facts relating to the issues raised in the additional grounds were already on record, therefore, additional grounds was admitted for adjudication.
Relied:National Thermal Power Co. Ltd. v. CIT (1998) 229 ITR 383 (SC) : 1998 TaxPub(DT) 342 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09
INCOME TAX ACT, 1961
Section 147, Proviso
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