Bishan Singh Chauhan & Others, V. Assessing Officer Ward-1 (1),

ITA 4588/DEL/2007

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 74428 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 27-03-2014
• Assessment Year: 1993-1994
• Appeal Filed On: 23-11-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SRIVASTAVA
• Keywords: Reassessment proceedings
• Section: 148; 2; 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI) BEFORE SHRI U. B. S. BEDI, JUDICIAL MEMBER AND SHRI J. S. REDDY, ACCOUNTANT MEMBER I.T.A. NO. 4588 & 4589 /DEL/2007 (ASSESSMENT YEAR 1993-94 & 1994-95 RESPECTIVELY) SHRI BISHAN SINGH CHOUHAN & OTHERS VS. A.O.,WARD 1 (1), L/H LATE SH. MURARI, NOIDA VILLAGE CHALLERA, SECTOR 37, NOIDA, GAUTAM BUDH NAGAR PAN/GIR NO.: (APPELLANTS) (RESPONDENTS) ASSESSEE BY : SHRI VINEET GARG, ADVOCATE DEPARTMENT BY: SMT. NIDHI SRIVASTAVA, SR. DR ORDER PER U B S BEDI, JUDICIAL MEMBER: THESE TWO APPEALS OF THE ASSESSEE ARE DIRECTED AGA INST THE ORDER PASSED BY LD. CIT(A), GHZAIBAD BOTH DATED 03.09.200 7 RELEVANT TO ASSESSMENT YEARS 1993-94 & 1994-95 RESPECTIVELY IN WHICH THROUGH ORIGINAL REVISED AND RE-REVISED GROUNDS BESIDES ASSESSEE SEE KING TO GET THE ORDER OF ASSESSMENT PASSED BY THE A.O. AND CONFIRMED BY LD. CIT(A) QUASHED ON THE GROUND OF LIMITATION, THE ASSESSEE ALSO SEEKS FOR D ELETION OF ADDITION MADE/CONFIRMED AND CHARGING OF INTEREST U/S 234A, 2 34B AND 234C OF THE I. T. ACT, 1961. I.T.A. NO. 4588, 4589/DEL/2007 2 2. AT THE VERY OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT INITIATION OF REASSESSMENT PROCEEDINGS FOR BOTH THE YEARS WERE MADE BY ISSUING SEPARATE NOTICES U/S 148 FOR BOTH THE YEARS DATED 19.10.2004 AND AGAIN SIMILAR NOTICES WERE ISSUED ON 14.12.2005 FOR BOTH THE ASSESSMENT YEARS BUT ASSESSMENT WAS COMPLETED THROUGH CONSOLID ATED ORDER FOR ASSESSMENT YEAR 1993094 AND 1994-95 ON 24.08.2006 W HEN TIME LIMIT PROVIDED FOR MAKING THE ASSESSMENT AFTER ISSUANCE O F FIRST AND EVEN 2 ND NOTICES U/S 148 HAD ALREADY EXPIRED. THEREFORE, IT WAS PLEADED FOR QUASHMENT OF THE ORDER OF THE A.O. FOR BOTH THE YEA RS ALONG WITH THE ORDERS OF LD. CIT(A). 3. LD. D.R. WAS EARLIER DIRECTED TO CALL FOR THE AS SESSMENT RECORD WITH RESPECT TO BOTH THE ASSESSMENT YEARS WHICH WAS PROD UCED BEFORE THIS BENCH AT THE TIME OF HEARING AND WHEN SPECIFICALLY ASKED WHETHER BOTH THE NOTICES ISSUED U/S 148 FOR BOTH THE YEARS ARE THERE ON RECO RD OR NOT, SHE AFTER CONSULTING THE RECORD OF THE A.O., HAS FAIRLY ADMIT TED THAT BOTH THE NOTICES ARE THERE ON RECORD AND THE SAME HAVE ALSO BEEN SER VED UPON THE ASSESSEE BUT THE A.O. HAS MENTIONED ABOUT THE 2 ND NOTICE AND ACCORDING TO THAT NOTICE, ASSESSMENT FRAMED IS WITHIN TIME AS PROVIDED U/S 15 3(2) I.E. WITHIN ONE YEAR FROM THE END OF THE FINANCIAL YEAR IN WHICH NOTICE WAS SERVED AND IT WAS SUBMITTED THAT THE MATTER MAY BE DECIDED KEEPING IN VIEW THESE FACTS AND CONSIDERING RELEVANT POSITION OF LAW. 4. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MAT ERIAL ON RECORD AND FIND THAT THE FIRST NOTICE U/S 148 DATED 19.10.2004 STANDS SERVED ON THE I.T.A. NO. 4588, 4589/DEL/2007 3 ASSESSEE AS PER ASSESSMENT FOLDER PRODUCED BEFORE U S. THE SAID NOTICE HAS NOT BEEN WITHDRAWN BEFORE PASSING THE ASSESSMENT OR DER FOR BOTH THESE YEARS AND AS PER SETTLED POSITION OF LAW, DURING THE CURR ENCY OF THE FIRST NOTICE, SECOND NOTICE U/S 148 CANNOT BE ISSUED AND IF ISSUE D, IN OUR VIEW, TIME LIMITATION FOR PASSING THE ASSESSMENT ORDER WOULD C OMMENCE FROM 1 ST NOTICE. SINCE, ASSESSMENT ORDER COULD BE PASSED WITHIN ONE YEAR FROM THE END OF THE FINANCIAL YEAR IN WHICH NOTICE U/S 148 DAED 19.10.2 004HAS BEEN ISSUED, THEREFORE, ASSESSMENT ORDERS PASSED ON 24.08.2006 A RE CLEARLY BARRED BY TIME LIMITATION. AS SUCH, THE ASSESSMENT ORDERS PASSED BY THE A.O. ARE NOT SUSTAINABLE IN LAW, WHICH ARE THUS QUASHED. 5. SINCE WE ARE QUASHING THE ORDER OF ASSESSMENT, S O, WE ARE NOT CONSIDERING OR DECIDING THE OTHER ISSUES RAISED IN THESE APPEALS. 6. AS A RESULT, BOTH THE APPEALS OF THE ASSESSEE AR E ACCEPTED. 7. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MARCH, 2014. SD./- SD./- (J. S. REDDY) (U.B.S.BEDI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE:31 ST MARCH, 2014. SP. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XXV, NEW DELHI AR, ITAT, 5. CIT(ITAT), NEW DELHI NEW DELH