ASHA DEVI KHERA Vs. ASSISTANT COMMISSIONER OF INCOME TAX
LAWS(IT)-2014-5-92
INCOME TAX APPELLATE TRIBUNAL
Decided on May 30,2014

Appellant
VERSUS
Respondents

JUDGEMENT

D.K.TYAGI,JM. - (1.) THIS is the assessee's appeal against the order of Ld. CIT(A) -III Baroda dated 04 -11 -2010. The assessee has taken following grounds of appeal: - "1. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in reopening the assessment u/s 147 of the Act., and completing the assessment, commenced under invalid exercise of power u/s 147 despite the fact that assessment u/s 143(3) was framed in the case of Appellant on 31.03.2004. 2. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in reopening the assessment based on change of opinion which is not valid under law. 3. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in disallowing expenditure incurred on moulds and dies amounting to Rs. 1,97,360/ - on the ground that the same are capital expenditure. 4. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in charging interest u/s 234B of the Act. 5. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in charging interest u/s 234D of the Act. 6. The learned Commissioner of Income Tax (Appeals) erred in fact and in law in confirming the action of AO in initiating penalty u/s. 271(1)(c) of Income Tax Act, 1961. "
(2.) Ground No. 1 and 2 relate to reopening of the assessment u/s. 147 of the Act.
(3.) Brief facts of the case are that assessee filed return of income on 30 -09 -2004 declaring total income of Rs. 45,35,820/ -. The case was selected for scrutiny and all the details called for by the AO were filed before him. Regular books of account were also produced. The assessment was completed u/s. 143(3) at a total income of Rs. 47,42,055/ -on 25 -09 -2006. On 13 -03 -2009 notice u/s. 148 was served on the assessee. Vide letter dated 13 -04 -2009 assessee stated that the original return filed on 30 -09 -2009 may be treated as return filed in response to notice u/s. 148 of the Act. The assessee requested to furnish reasons for reopening of assessment and also objected to the issue of notice u/s. 148 of the act. The reasons recorded for reopening of assessment were given and after obtaining the objections assessing officer passed order rejecting the objections and went to pass an order u/s. 143(3) r.w.s. 147.;


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