CIT v. MalayalaManorama Co. Ltd. (2018) 258 Taxman 238/( 2019) 410 ITR 423 (Ker.)(HC)

S. 147 : Reassessment-After the expiry of four years-Power of reassessment is not one of review and the reasons recorded has to emanate from some material coming to notice of Assessing Officer after original assessment – Reassessment is held to be bad in law.[S. 80IA, 148]

Dismissing the appeal of the revenue the Court held that ; power of reassessment is not one of review and the reasons recorded has to emanate from some material coming to notice of Assessing Officer after original assessment .Accordingly the reassessment is held to be bad in law .Court also held that ,if in course of reopening, for escapement of income, it comes to notice of Assessing Officer that any other item other than that recorded for purpose of re-opening, has escaped assessment, Assessing Officer is bound to assess such item also in course of re-assessment. (AY. 1999-2000)