Golden Flame Steels Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 2131/DEL/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0835 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 16-11-2015
• Assessment Year: 2000-2001
• Appeal Filed On: 11-04-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Keywords: Reassessment proceedings
• Section: 148

Judgement Text

ITA NO. 2131/DEL/2013 ASSESSMENT YEAR : 2000-01 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C NEW DELHI BEFORE SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.2131/DEL/2013 ASSESSMENT YEAR: 2000-01 GOLDEN FLAME STEELS PVT. LTD., 195, SAINIK VIHAR, NEW DELHI-110034 (PAN: AAACG4751F) VS ITO, WARD 12(2), NEW DELHI. APPELLANT RESPONDENT ASSESSEE BY : SHRI RUCHESH SINHA, ADV. DEPARTMENT BY: SHRI S.L. ANUR AGI, SR. DR DATE OF HEARING : 18.06.2018 DATE OF PRONOUNCEMENT : 14.09.2018 O R D E R PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER : THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST TH E ORDER DATED 13.02.2013 PASSED BY THE LD. CIT(A)-VIII, NEW DELHI FOR ASSESSMENT YEAR 2000-01. THE APPEAL IS AGAINST THE ACTION OF THE LD. CIT(A) IN UPHOLDING THE REASSESSMENT PROCEEDING S COMPLETED U/S 144/147 OF THE INCOME TAX ACT, 1961 (HEREINAFTE R REFERRED TO AS 'THE ACT'). 2. AT THE OUTSET, THE LD. AR SUBMITTED THAT THE ASS ESSEE HAD OBJECTED TO THE INITIATION OF THE REASSESSMENT PROC EEDINGS BEFORE ITA NO. 2131/DEL/2013 ASSESSMENT YEAR : 2000-01 2 THE ASSESSING OFFICER BUT THE ASSESSING OFFICER HAD NOT DISPOSED OF THE OBJECTIONS RAISED BY THE ASSESSEE IN THIS RE GARD. HE DREW OUR ATTENTION TO THE REPLY FILED BY THE ASSESSEE BE FORE THE ASSESSING OFFICER IN RESPONSE TO THE NOTICE ISSUED U/S 148 OF THE ACT AND SUBMITTED THAT THE ASSESSING OFFICER HAD NO T PASSED A SPEAKING ORDER ON THE OBJECTIONS RAISED BY THE ASSE SSEE. IT WAS FURTHER SUBMITTED THAT THE LD. CIT(A) HAD ALSO NOT ADJUDICATED THIS ISSUE WHICH WAS RAISED SPECIFICALLY BEFORE THE LD. CIT(A) IN THE GROUNDS OF APPEAL. HE DREW OUR ATTENTION TO PA GE 2 OF THE IMPUGNED ORDER WHEREIN THIS GROUND WAS SPECIFICALLY RAISED BEFORE THE LD. CIT(A). THE LD. AR SUBMITTED THAT N ON-DISPOSAL OF THE OBJECTIONS BY PASSING A SPEAKING ORDER BY THE A SSESSING OFFICER WAS A CLEAR VIOLATION OF THE DIRECTIONS OF THE HONBLE APEX COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA) LTD. V S ITO (2003) 259 ITR (SC) AND IT MADE THE REASSESSMENT ILLEGAL A ND INVALID. ON AN INQUIRY FROM THE BENCH, THE LD. AR HAD NO OBJ ECTION TO THE FILE BEING RESTORED TO THE OFFICE OF THE ASSESSING OFFICER WITH A DIRECTION TO DISPOSE OF THE OBJECTIONS OF THE ASSES SEE AGAINST REASSESSMENT PROCEEDINGS. LD. SR. DR ALSO HAD NO O BJECTION IF THE ASSESSING OFFICER WAS DIRECTED TO DISPOSE OF TH E OBJECTIONS OF ITA NO. 2131/DEL/2013 ASSESSMENT YEAR : 2000-01 3 THE ASSESSEE AGAINST THE REASSESSMENT PROCEEDINGS B Y PASSING A SPEAKING ORDER. 3. ACCORDINGLY, IN VIEW OF THE AGREEMENT OF BOTH TH E PARTIES, WE RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFI CER WITH THE DIRECTION TO DISPOSE OF THE OBJECTIONS OF THE ASSES SEE WITH REGARD TO INITIATION OF REASSESSMENT PROCEEDINGS BY PASSIN G A SPEAKING ORDER. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH SEPTEMBER, 2018. SD/- SD/- (N.K.BILLAIYA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14 TH SEPTEMBER, 2018 GS COPY FORWARDED TO: - 1) APPELLANT 2) RESPONDENT 3) CIT(A) 4) CIT 5) DR TRUE COPY BY ORDER ASSTT. REGISTRAR ITA NO. 2131/DEL/2013 ASSESSMENT YEAR : 2000-01 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER