PREETI MEHTA, MUMBAI V. ITO WD 1(3)(2), MUMBAI

ITA 5675/MUM/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1573 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 17-11-2009
• Assessment Year: 2004-2005
• Appeal Filed On: 09-09-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE S/SHRI R.K. GUPTA, J.M. AND PRAMOD KUMAR, A. M I.T.A. NO.5675/MUM./2008 (ASSESSMENT YEAR : 2004-05 ) DATE OF HEARING: 17.11.2009 MRS. PREETI MEHTA, 22, BENNET VILLA 27, WOODHOUSE ROAD, MUMBAI 400 039 PAN ADRMP3556E VS ITO, WARD-11(3)(2), AAYKAR BHAWAN, M.K. MARG, CHURCH- GATE, MUMBAI 400 020 APPELLANT RESPONDENT ASSESSEE BY : SHRI NITESH JOSHI REVENUE BY : SHRI SANJEEV JAIN O R D E R PER PRAMOD KUMAR, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 24.6.2008, PASSED BY THE LD. CIT(A)VII, MUMB AI, FOR A.Y. 2005-06 IN THE MATTER OF ASSESSMENT U/S 147 R/W SECTION 143(3) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ). 2. ONE OF THE GRIEVANCES RAISED IN THIS APPEAL IS AGAI NST VALIDITY OF THE RE- OPENING OF ASSESSMENT U/S 147 OF THE ACT. MR. NITES H JOSHI, LD. COUNSEL FOR THE ASSESSEE FURTHER POINTED OUT THAT THE ASSESSEE HAS NOT YET BEEN GIVEN A COPY OF THE REASONS OF RE-OPENING THE ASSESSMENT. H E PRAYS THAT THE ASSESSING OFFICER BE DIRECTED TO GIVE A COPY OF THE REASONS OF RE-OPENING THE ASSESSMENT AND AFTER CONSIDERING ASSESSEES OBJECTI ONS TO THE REASONS OF SUCH RE-OPENING, FRAME THE ASSESSMENT DENOVO, IF NE CESSARY. HE RELIES UPON THE DECISION OF THE HON'BLE SUPREME COURT IN THE CA SE OF GKN DRIVE SHAFTS (INDIA) LTD. VS ITO, 259 ITR 19 (SC), IN SUPPORT OF THE PROPOSITION THAT THE ASSESSEE IS ENTITLED TO KNOW THE REASONS OF RE-OPEN ING THE ASSESSMENT AND THAT THE ASSESSING OFFICER CAN PROCEED TO FRAME THE RE-ASSESSMENT ONLY AFTER CONSIDERING THE ASSESSEES OBJECTION NOT RE-OPENING . 3. LD. D.R., MR. SANJEEV JAIN, DOES NOT OPPOSE THE ASS ESSEES PRAYER FOR REMISSION OF THE MATTER TO THE FILE OF THE ASSESSIN G OFFICER. IN VIEW OF THE ABOVE AND HAVING REGARD TO THE SETTLED LEGAL POSITI ON IN THE LIGHT OF THE DECISION OF THE HON'BLE SUPREME COURT IN THE CASE O F GKN DRIVE SHAFTS MRS. PREETI MEHTA I.T.A. NO.5675/MUM./2008 2 (INDIA) LTD. (SUPRA), WE ARE INCLINED TO ACCEPT ASS ESSEES REQUEST FOR REMITTING THE ISSUE TO THE FILE OF THE ASSESSING OF FICER WITH DIRECTION TO FURNISH THE COPY OF REASONS OF RE-OPENING TO THE AS SESSEE, TO CONSIDER ASSESSEES OBJECTIONS TO SUCH RE-OPENING, IF ANY, A ND, THEREAFTER, IF CONSIDERED NECESSARY, FRAME THE ASSESSMENT AFTER GI VING OPPORTUNITY OF HEARING TO THE ASSESSEE IN ACCORDANCE WITH LAW AND BY WAY OF SPEAKING ORDER. WE DIRECT SO. 4. IN VIEW OF THE FACT THAT THE MATTER HAS BEEN REMITT ED TO THE FILE OF ASSESSING OFFICER, WE SEE NO NEED TO DEAL WITH ASSE SSEES GRIEVANCE ON MERIT WHICH HAVE NOW BEEN RENDERED INFRUCTUOUS AND ACADEM IC. 5. IN THE RESULT, ASSESSEES APPEAL STANDS ALLOWED FOR STATISTICAL PURPOSES IN TERMS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 25.11.2009. SD/- R.K. GUPTA JUDICIAL MEMBER SD/- PRAMOD KUMAR ACCOUNTANT MEMBER MUMBAI, DATED: 25.11.2009 COPY TO : (1) THE ASSESSEE (2) THE RESPONDENT (3) THE CIT(A), MUMBAI, CONCERNED (4) THE CIT, MUMBAI CITY CONCERNED (5) THE DR, C BENCH, ITAT, MUMBAI TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI PRADEEP PRADEEP PRADEEP PRADEEP MRS. PREETI MEHTA I.T.A. NO.5675/MUM./2008 3 DATE INITIAL 1. DRAFT DICTATED ON 18.11.2009 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 19.11.2009 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 19.11.2009 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 20.11.2009 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 20.11.2009 SR.PS/PS 6. DATE OF PRONOUNCEMENT 25.11.2009 SR.PS 7. FILE SENT TO THE BENCH CLERK 25.11.2009 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER