Mr. Vinod Kumar P jain, Bangalore V. Income Tax Officer Ward-5(2)(2), Bangalore

ITA 1653/BANG/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7157 (ITAT-BANGALORE)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 09-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PALANI KUMAR
• Assessee Lawyers: C R NULVI
• Keywords: Reassessment proceedings
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRI BUNAL BANGALORE BENCH SMC-B, BANGALORE BEFORE SHRI A.K.GARODIA, ACCOUNANT MEMBER ITA NO.1653 (BANG) 2017 (ASSESSMENT YEAR : 2009 10) SHRI VINOD KUMAR P JAIN, APPELLANT NO. 177, 1 ST FLOOR, B. T. STREET, AVENUE ROAD, BENGALURU - 560002 PAN. ACTPJ5431B VS THE ITO, WARD 5 (2) (2), BENGALURU RESPONDENT ASSESSEE BY : SHRI C. R. NULVI, C. A. REVENUE BY : SHRI PALANI KUMAR, ADDL. CIT DATE OF HEARING : 20-11-2017 DATE OF PRONOUNCEMENT : 2 4-11-2017 O R D E R PER A. K. GARODIA, A.M.: THIS APPEAL IS FILED BY THE ASSESSEE WHICH IS DIRE CTED AGAINST THE ORDER OF CIT (A) 5, BANGALORE DATED 07.04.2017 FOR A. Y . 2009 10. 2. THE ASSESSEE HAS RAISED AS MANY AS 8 GROUNDS. ON E OF THE GRIEVANCES IS REGARDING VALIDITY OF REASSESSMENT PROCEEDINGS U /S 147. APART FROM THIS, THE GRIEVANCE ON MERIT IS ABOUT ADDITION OF RS. 393 ,801/- ON THE BASIS OF STATEMENT OF MR. MUKESH CHOKSI WITHOUT ALLOWING HIS CROSS EXAMINATION AND THE NEXT GRIEVANCE IS ABOUT INTEREST CHARGED U/ S 234A TO 234C. 3. LEARNED AR OF THE ASSESSEE SUBMITTED THAT THE IS SUE ABOUT VALIDITY OF REASSESSMENT PROCEEDINGS U/S 147 WAS RAISED BEFORE CIT (A) ALSO BUT HE HAS NOT DECIDED THE SAME AND THEREFORE, THE MATTER SHOU LD GO BACK TO HIS FILE FOR DECIDING THIS ASPECT AND THEN TO DECIDE THE ISSUE O N MERIT AFRESH. LEARNED DR OF THE REVENUE SUPPORTED THE ORDERS OF THE AUTHO RITIES BELOW. ITA NO. 1653(BANG)2017 2 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. I FIND THAT IN FACT, THE ISSUE ABOUT VALIDITY OF REASSESSMENT PROCEEDINGS U/S 147 WAS RAISED BY THE ASSESSEE BEFORE CIT (A) ALSO BUT HE HAS NOT DECIDED THE SAME AND THEREFORE, THE MATTER HAS TO GO BACK TO HIS FILE FOR DECIDING THIS ASPECT AND THEN TO DECIDE THE ISSUE ON MERIT AFRESH. I ORDER ACCORDING LY. IN VIEW OF THIS, NO ADJUDICATION IS CALLED FOR ON MERIT AT THE PRESENT STAGE BECAUSE THE ISSUE ON MERIT SHOULD BE DECIDED AFTER DECISION ON TECHNICAL ASPECT. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- (A.K. GARODIA) ACCOUNTANT MEMBER BANGALORE D A T E D : 24.11.2017. /MS/ COPY TO: 1. APP ELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.