Shri. Kamlesh H Shah(HUF), Bangalore V. ITO-Ward-6(2), Bangalore

ITA 1425/BANG/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8427 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-03-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 13-03-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 10-08-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: H NAGIN KHINCHA
• Keywords: Reassessment proceedings
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SMC, BENCH C, BANGALORE BEFORE SHRI AK GARODIA, ACCOUNTANT MEMBER ITA NO.1425/BA NG/2016 (ASST. YEAR 2006-07) SHRI KAMLESH H SHAH (HUF), E-501, RENAISSANCE TEMPLE BELL, NO.25/1, YESHWANTHPUR, BENGALURU. . APPELLANT PAN NO. AAEHK0217R. VS. THE INCOME-TAX OFFICER, WARD-6(2), BANGALORE. RESPONDENT APPELLANT BY : SHRI H NAGIN KHINCHA, C.A RESPONDENT BY : SHRI A.R.V SREENIVASAN, JCIT DATE OF HEARING : 13-3-2017 DATE OF PRONOUNCEMENT : 17-3-2017 O R D E R PER SHRI AK GARODIA, ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIREC TED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME-TAX (AP PEALS) BANGALORE DATED 25/5/2016 FOR ASSESSMENT YEARS 200 6-07. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER : ITA NO.1425/B/16 2 ITA NO.1425/B/16 3 3. IT WAS SUBMITTED BY THE LD AR OF THE ASSESSEE TH AT AS PER GROUND NO.5 RAISED BEFORE THE LD CIT(A), THE ASSESSEE HAS OBJECTED TO THE VALIDITY OF THE REASSESSMENT PROCEEDINGS BUT THIS ASPECT OF THE MATTER WAS NOT DECIDED AS PER IMPUGNED ORDER AND THEREFOR E, THE MATTER SHOULD BE RESTORED TO THE LD CIT(A) FOR A FRESH DECISION I NCLUDING A DECISION ON THIS ASPECT. 4. LD DR OF THE REVENUE SUPPORTED THE ORDER OF LD C IT(A). 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. I FIND THAT THE ISSUE OF VALIDITY OF REASSESSMENT PROCEEDINGS WAS VERY MUCH RAISED BY THE ASSESSEE BEFORE THE LD CIT(A) BUT THIS WAS NOT DECI DED BY THE LD CIT(A) AS PER IMPUGNED ORDER AND, THEREFORE, I FEEL IT PRO PER TO RESTORE BACK THE ENTIRE MATTER TO THE FILE OF THE LD CIT(A) FOR FRES H DECISION. THE LD CIT(A) IS DIRECTED TO DECIDE THE ISSUE IN RESPECT O F VALIDITY OF REASSESSMENT PROCEEDINGS AND IF THE REASSESSMENT PR OCEEDINGS ARE FOUND TO BE VALID THEN HE SHOULD DECIDE THE ISSUE ON MERI T ALSO AFRESH. IN VIEW ITA NO.1425/B/16 4 OF THIS DECISION, NO ADJUDICATION IS CALLED FOR ON MERIT OF ADDITION MADE BY THE AO AT THIS STAGE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH MARCH, 2017. SD/- (AK GAR ODIA) ACCOUNTANT ME MBER VMS. BANGALORE DATED : 17/03/2017 COPY TO : 1. THE ASSESSEE 2. THE REVENUE 3.THE CIT CONCERNED. 4.THE CIT(A) CONCERNED. 5.DR 6.GF BY ORDER ASST. REGISTRAR, IT AT, BANGALORE.