assessment. It is, therefore, clear that when reassessment proceedings are taken, the former assessment is completely wiped out, the entire assessment is reopened ... earlier assessment. Claims which have been disallowed in the original assessment proceeding cannot be permitted to be reagitated on the assessment being reopened for bringing
assessment year 1958-59 had escaped assessment. The
respondent replied that the I.T.O. had no competence or
jurisdiction to reopen the assessment under ... lead to the conclusion that action could now be taken for
reopening assessment even if the information was wholly
vague, indefinite, far-fetched and remote
reopening of the
assessment for assessment years 2003-04 and 2004-05. The
assessment for assessment year 2003-04 has been reopened beyond
a period ... assessment for assessment year 2004-05 is within a
period of four years from the expiry of relevant assessment year. The
case for assessment year
time of original assessment with reference to income
alleged to have escaped assessment and whether and when
in such cases reopening is valid or invalid ... ground to conclude that income has escaped assessment and,
Therefore, the assessment needed to be reopened. On the other
hand, if the Assessing Officer
whether the assessment in respect of any assessment year
after the year ending on 31st March, 1940 was liable to be
reopened or not should ... authorised such assessment to be reopened whatever might be
the position in regard to the right to reopen such
assessment under
material facts necessary for his assessment for that assessment year.
24. Section 147 provides that an assessment can be reopened to assess or reassess such ... different field- section 147 for reopening and Section 153(2) for completion of such an reopened assessment.
40. Reference to Supreme Court decisions
channel).
Sub: Mfs. East Coast Commercial Co. Ltd.--Assessment for the assessment year 1952-53--Reopening Under Sections 147 . Proposed for.
10. On receipt ... impugned notice the said assessment for the assessment year 1952-53 was sought to be reopened under Section
short "the Act"). It was proposed to reopen the assessment for the earlier assessment years 1965-66 to 1967-68. It was stated ... reopened. The existence of such reasons and a direct nexus between those reasons and the alleged evasion is a condition precedent for reopening the assessment
been covered by the initial order of assessment. To express differently, once an assessment is reopened the ITO will not only have the jurisdiction ... Court level, a procedural distinction is maintained between the original assessment and an assessment reopened under section 16 of the Act. The reopening
during the initial assessment proceedings
which culminated in the assessment order dated 31st December, 2003. The
assessment was re-opened based on information received ... concluded assessment. The question whether the AO has reason to
believe that income has escaped assessment and is liable to be reopened
under Section
