SANJAY HARISHBHAI SHAH, MUMBAI V. ITO WD 25(3)(4), MUMBAI

ITA 2738/MUM/2012

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9112 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 12-12-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 23-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K P KAPADIA
• Section: 148

Judgement Text

. , IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI , BEFORE SHRI R. K. GUPTA , JM ITA NO. 2738 / MUM/ 20 1 2 ( ASSESSMENT YEAR : 200 3 - 20 0 4 ) SANJAY HARISHBHAI SHAH, 14 NABH CO - OP HSG., SOC., DAMODAR WADI, ASHOK NAGAR, KANDIVLI (E) , MUMBAI VS. ITO 2 5 ( 3 )( 4 ) , MUMBAI PAN/GIR NO. : A A H PS 3526 J ( APPELLANT ) .. ( RESPONDENT ) /ASSESSEE BY : MR. K.P.KAPADIA /REVENUE BY : MR. RAKESH RANJAN DATE OF HEARING : 1 2 TH DEC . , 2012 DATE OF PRONOUNCEMENT : 14 TH DEC. , 2012 O R D E R TH IS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 25 - 1 - 2012 OF LEANED CIT(A) - 3 5 , MUMBAI RELA TING TO THE ASSESSMENT YEAR 200 3 - 0 4 . 2 . THE FIRST ISSUE IS AGAINST CONFIRMING THE REOPENING OF THE ASSESSMENT UNDER SECTION 147. 3 . THE ASSESSMENT IN THIS CASE WAS REOPENED IN VIEW OF THE PROVISION OF SECTION 147/148. THEREAFTER ASSESSMENT WAS COMPLETED ON A TOTAL INCOME OF RS. 3,22 ,500/ - .THE ASSESSEE OBJECTED THE ADDITION AS REOPENING OF THE ASSESSMENT BEFORE THE CIT(A) , WHO REJECTED THE ITA NO. 2738 /20 1 2 2 APPEAL OF THE ASSESS EE. NOW, THE ASSESSEE IS IN APPEAL HERE BEFORE THE TRIBUNAL. 4 . THE LEARNED COUNSEL OF THE ASSESSEE STATED THAT NEITHER THE COPY OF REASONS RECORDED WAS GIVEN TO THE ASSESSEE NOR THE CONTENTION OF THE ASSESSEE RAISED BEFORE LEARNED CIT(A) AS WELL AS BEFOR E THE AO HAS BEEN CONSIDERED IN RIGHT PERSPECTIVE. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE HAS FILED RETURN OF INCOME A N D THERE IS NO WHISPER IN THE REASSESSMENT ORDER ABOUT THE FILING OF THE RETURN OF INCOME. WHATEVER THE INCOME WAS EARNED BY THE ASSES SEE, THAT HAS ALREADY BEEN DISCLOSED IN THE RETURN, THEREFORE, THE REOPENING OF THE ASSESSMENT AS WELL AS ADDITION MADE BY THE AO ARE UNJUSTIFIED. 5 . ON THE OTHER HAND, LEARNED DR S UBMITTED THAT THE LEARNED CIT(A) HAS PASSED A VERY REASONED OR DER AND ACC OR DINGLY, HE RELIED THE DECISION OF THE LEARNED CIT(A). 6 . AFTER CONSIDERING THE SUBMISSION AND PERUSING THE MATERIAL ON RECORD, I FOUND THAT THE MATTER SHOULD BE RESTORED TO THE FILE OF THE AO TO SUPPLY THE COPY OF REASONS RECORDED AS HELD BY THE HON BLE SUPREME COURT IN THE CASE OF G.K.N . ACCORDINGLY, I SET ASIDE THE ORDER OF BOTH THE AUTHORITIES BELOW AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER, WHO WILL PASS A FRESH ORDER AFTER GIVING COPY OF REASONS RECORDED AND THEREAFTER SEEKING OBJECTIONS OF THE ASSESSEE IN RESPECT OF ISSUANCE OF NOTICE UNDER SECTION 148 AND TAKING INTO ITA NO. 2738 /20 1 2 3 CONSIDERATION OF THE RETURN ORIGINALLY BY THE ASSESSEE AS THERE IS NO WHISPER IN THE REASSESSMENT IN RESPECT TO RETURN FILED BY THE ASSESSEE ORIGINALLY. I ORDER A CCORDINGLY. 7 . IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF DEC . 2012. 2012 SD/ - ( ) ( R.K.GUPTA ) / JUDICIAL MEMBER MUMBAI ; DATED : 14 / 1 2 / 2012 . /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) , MUMBAI. 4. / CIT 5. / DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// / BY ORDER, ( DY./ASSTT. REGISTRAR) / ITAT, MUMBAI