Sh. Ramjit Singh Walia, Jalandhar V. Income Tax Officer, Jalandhar

ITA 589/ASR/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8739 (ITAT-AMRITSAR)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 23-01-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 28-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J S BHASIN
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH: (CIRCUIT BENCH AT JALANDHAR) BEFORE SHRI A. D. JAIN, JUDICIAL MEMBER, AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A NO.589/ASR/2016 (ASSESSMENT YEAR-2006-07) SH. RAMJIT SINGH WALIA, 553 NEW GTB NAGAR, JALANDHAR. PAN NO.ADOPA0727D (ASSESSEE) VS .. ITO-WARD III, (3), JALANDHAR. (REVENUE) ASSESSEE BY SHRI . J. S. BHASIN, AR. REVENUE BY SMT. BALVINDER KAUR, DR. ORDER PER, A. D. JAIN, JUDICIAL MEMBER: THIS IS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2006- 07 AGAINST THE LD. CIT(A)S ORDER DATED 15.09.2016. AS PER GROUND NO. 1, THE LD. CIT(A) HAS ERRED IN NOT ANNULLING THE REASSESSMENT ORDER, WHEN THE NOTI CE ISSUED U/S 148 OF THE I.T. ACT WAS NOT PRECEDED BY REASONS RECORDED FOR REOPENING THE COMPLETED ASSESSMENT, AS ENVISAGED U/S 148 (2) OF THE ACT. 2. IN THE REASSESSMENT ORDER DATED 31.01.2014, THE AO HAS STATED THAT REASONS WERE RECORDED AFTER TAKING APPROVAL FROM THE COMPET ENT AUTHORITY. THE GRIEVANCE OF THE ASSESSEE IS THAT NO SUCH REASONS WERE RECORD ED. THE LD. COUNSEL FOR THE DATE OF HEARING 23.01.2017 DATE OF PRONOUNCEMENT 22 .02.2017 I.T.A NO.589/ASR/2016 3 COMPLETED ASSESSMENT, TO HIM. THIS FACT STANDS REIT ERATED IN THE ASSESSEES REPLY DATED 23.07.2014 (SUPRA). HOWEVER, THE REASONS WERE NOT SUPPLIED TO THE ASSESSEE BY THE AO. THE ASSESSMENT ORDER ALSO DOES NOT CONTA IN ANY AFFIRMATION IN THIS REGARD. THEREFORE, AS CORRECTLY CONTENDED THE MAND ATE OF GKN DRIVESHAFTS (INDIA) LTD (SUPRA), HAS CLEARLY BEEN FLOUTED. HEN CE, THIS MATTER IS REMITTED TO THE FILE OF THE AO, WHO SHALL PROVIDE THE REASONS RECOR DED TO THE ASSESSEE FORTHWITH. THE AO SHALL OFFERED ADEQUATE OPPORTUNITY TO THE AS SESSEE TO FILE OBJECTION AGAINST THE ISSUANCE OF NOTICE U/S 148 AND SHALL DISPOSE OF THE SAME BY WAY OF A SPEAKING ORDER. IT IS ONLY THEREAFTER, THAT HE WILL PROCEED WITH THE ASSESSMENT. 5. IN THE RESULT, THE APPEAL IS TREATED AS ALLOWED, FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22/02/2017. SD/- SD/- (T. S. KAPOOR) (A.D. JAIN) ACCOUTANT MEMBER JUDICIAL MEMBER DATED /02/2017 *AKV* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT BY ORDER AR/SR.P.S./P.S.