Law:

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Section 148 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for Where only reason for reopening assessment was that Assessing Officer while framing original assessment was not right in allowing deduction under section 80HHC in relation to income by way of service charges/commission realized, in absence of any material on record to suggest that Assessing Officer had not applied his mind while framing original assessment and that assessee had failed to disclose material facts and in view of proviso to section 147 reopening of assessment after expiry of four years was not justified [A.Y. 1990-91] Where the only reason for reopening the assessment was that the Assessing Officer while framing the original assessment was not right in allowing deduction under section 80HHC in relation to the income by way of service charges/commission realized: Held that one had to assume that the Assessing Officer applied his mind to the entire facts of the case and took a decision when the earlier assessment order was passed by him. There was nothing on record to suggest that there was no application of mind which would entitle the succeeding Assessing Officer to issue a notice to the assessee to reopen the assessment. The earlier assessment was made under section 143(3) and there was nothing to show or even suggest that the assessee had failed to fully and truly disclose all material facts necessary for the assessment. In view of proviso to section 147 also the reopening of assessment after expiry of four years, was not justified. Mrs. P.L Bansal for the Appellant. C. S. Aggarwal and Prakash Kumar for the Respondent. JUDGMENT (Oral Judgment) Madan B. Lokur, J.- The Revenue is aggrieved by an order dated January 3,2005, passed by the Income-tax Appellate Tribunal, Delhi Bench "( in I.T.A. No. 2336/Del/2001 relevant to the assessment year 1990-91. The assessee had filed its return of income and the assessment w completed under section 143(3) of the Income-tax Act, 1961, on May 2 1992. The Assessing Officer allowed a deduction to the assessee under se tion 80HHC of the Act. On March 27,1997, the Assessing Officer issued a notice to the assessee under section…

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