COMMISSIONER OF INCOME TAX Vs. GANJAM NAGAPPA

JUDGEMENT

(1.) This appeal by the revenue has been admitted for consideration of the following substantial question of law :

(2.) We have heard the learned counsel appearing for the appellants and the learned counsel appearing for the respondent.

(3.) The learned counsel appearing for the appellants has taken us through the reasoning recorded by the AO for reopening the order of assessment and also the order of the appellate authority wherein reopening of the assessment was upheld and also the order of the Tribunal that the reopening of the assessment has been set aside and he further submitted that the reasoning assigned by the AO would show that while passing the order for reopening of the assessment order valid reasons were given by the AO and it was not a mere change of opinion or on the basis of suspicion reopening of the case gets vitiated and the same was confirmed by the appellate authority and the order of the Tribunal is contrary to the material on record and therefore it is liable to be set aside. The Tribunal has not gone into the merits of the claim of the parties.