(c) In the decision of this Court in case of VXL India
Capital Ltd Vs. Asst. CIT (1995) 215 ITR 295,
wherein, it was held that " the scope of Section 147 of the
Act is not for reviewing its earlier order sou-motu,
irrespective of there being any material to come to a
different conclusion apart from just having second
thoughts about the inferences drawn earlier."
(c) In the decision of this Court in case of VXL India
Capital Ltd Vs. Asst. CIT (1995) 215 ITR 295,
wherein, it was held that " the scope of Section 147 of the
Act is not for reviewing its earlier order sou-motu,
irrespective of there being any material to come to a
different conclusion apart from just having second
thoughts about the inferences drawn earlier."
The Assessing officer noticed that the assessee
had not maintained copies of his bills issued to the patients for the earlier years to
substantiate the receipts admitted in the books of accounts. However according to
the Ld. AR, there no valid material in the possession of the Assessing Officer to
establish suppression of income because of the survey. This is enough for the
initiation of re-assessment proceedings under section 147 of the Act. The Ld. AR
relied on the decision of the supreme Court in the case of ITO vs. Lakhmani Mewal
Das (1976) 103 ITR 437 (SC), ITO vs. Madnani Engineering Works Ltd. (1979) 118
ITR 1 (SC), Birla VXL Ltd. Vs. Asstt. CIT (1996) 217 ITR 1(Guj.