ITO 3(1)(1), MUMBAI V. ATCO CONTROLS (I) LTD, MUMBAI

ITA 1630/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100986 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 10-03-2015
• Assessment Year: 2003-2004
• Appeal Filed On: 07-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: USHA KADAM
• Assessee Lawyers: VINITA J MENON
• Section: 147

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI !, ' #$ %%, & #$ ' BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER ./ ITA NO.1630/M/2012 ( &* + &* + &* + &* + / ASSESSMENT YEAR: 2003-04) INCOME TAX OFFICER, RANGE-3(1)(1), ROOM NO.666, M.K. ROAD, AAYAKAR BHAWAN, MUMBAI - 400 020 * * * * / VS. M/S. ATCO CONTROLS (INDIA) LTD., 38-B, NARIMAN BHAVAN, NARIMAN POINT, MUMBAI 20 PAN: AAACA5120C ( ,- / APPELLANT) ( ./,- /RESPONDENT) PRESENT FOR: ASSESSEE BY : MS. VINITA J. MENON, A.R. REVENUE BY : MS. USHA KADAM, D.R. * 0 1' / DATE OF HEARING : 09.09.2015 23+ 0 1' / DATE OF PRONOUNCEMENT : 09.09.2015 # 4 / O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 26.12.2011 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT Y EAR 2003-04. 2. THE REVENUE HAS AGITATED THE ACTION OF THE LD. C IT(A) IN SETTING ASIDE THE REOPENING OF THE ASSESSMENT MADE BY THE ASSESSI NG OFFICER (HEREINAFTER REFERRED TO AS THE AO) UNDER SECTION 147 OF THE ACT . ADMITTEDLY, THE REOPENING HAD BEEN MADE BY THE AO IN THIS CASE AFTER 4 YEARS FROM THE END OF THE RELEVANT ITA NO.1630/M/2012 M/S. ATCO CONTROLS (INDIA) LTD. 2 ASSESSMENT YEAR. THEREFORE, THE FIRST PROVISO TO S ECTION 147 IS ATTRACTED IN THIS CASE. 3. THE LD. CIT(A) HAS OBSERVED FROM THE FACTS ON TH E FILE AND FROM THE REASONS RECORDED BY THE AO THAT THERE WAS NO WHISPE R ABOUT WHAT MATERIAL FACTS THE ASSESSEE HAD FAILED TO DISCLOSE FULLY AND TRULY. NO NEW MATERIAL FACTS HAVE BEEN BROUGHT ON RECORD. THE REOPENING WAS MAD E IN THIS CASE ON THE BASIS OF OPINION OF THE AUDIT PARTY WHICH WAS FURTH ER BASED ON THE FACTS AND EVIDENCES ALREADY AVAILABLE ON RECORD. SO IT WAS N OT A CASE OF ANY FAILURE ON THE PART OF THE ASSESSEE TO FULLY AND TRULY DISCLOS E ALL THE MATERIAL FACTS OF THE CASE. THE LD. CIT(A) UNDER SUCH CIRCUMSTANCES HAS HELD THAT THE REOPENING WAS BAD IN LAW. 4. WE HAVE GONE THROUGH THE REASONS RECORDED BY THE AO. FROM THE REASONS RECORDED, WE FIND THAT THE REOPENING WAS DO NE ON THE BASIS OF REPORT OF THE AUDIT PARTY WHICH HAS GIVEN OPINION FROM THE FA CTS ALREADY AVAILABLE ON RECORD. THE FIRST PROVISO TO SECTION 147 IS DULY A TTRACTED IN THIS CASE. HENCE, THE AO HAD NO JURISDICTION TO REOPEN THE ASSESSMENT AFTER EXPIRY OF 4 YEARS FROM THE END OF THE RELEVANT ASSESSMENT YEAR. THER E IS NO MERIT IN THE APPEAL OF THE REVENUE, HENCE THE SAME IS ACCORDINGLY DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.09.2015. # 4 0 23+ ' 5 6#*7 09.09.2015 3 0 % SD/- SD/- ( ! / RAJENDRA) ( %% / SANJAY GARG) ' #$ / ACCOUNTANT MEMBER & #$ / JUDICIAL MEMBER /MUMBAI ; 6#* / DATED 09.09.2015 * KISHORE ITA NO.1630/M/2012 M/S. ATCO CONTROLS (INDIA) LTD. 3 # 4 0 .&1HI J I+1 # 4 0 .&1HI J I+1 # 4 0 .&1HI J I+1 # 4 0 .&1HI J I+1/COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED TO TOTO TO : :: : 1. ,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. \1 () / THE CIT(A)- 4. \1 / CIT 5. IB% .&1&* , , / THE DR CONCERNED BENCH, 6. %F G / GUARD FILE. # 4* # 4* # 4* # 4* / // / BY ORDER, /I1 .&1 //TRUE COPY// K KK K/ // /L L L L ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI