Hyundai Heavy Industries Co. Ltd., Dehradun V. ADIT, Dehradun

ITA 6066/DEL/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 65423 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 12-09-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 30-12-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K GUPTA
• Assessee Lawyers: O P SAPRA
• Keywords: Reassessment proceedings
• Section: 147; 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI C BENC H BEFORE SHRI A.N. PAHUJA, AM & SHRI C.M.GARG, JM ITA NO.6066/DEL/2010 ASSESSMENT YEAR:2002-03 HYUNDAI HEAVY INDUSTRIES COMPANY LTD. C/O M/S HEMANT ARORA & CO., 1, TYAGI ROAD, DEHRADUN V/S . ADIT,INTERNATIONAL TAXATION,DEHRADUN. [PAN : AAACH 5727Q] (APPELLANT) (RESPONDENT) ASSESSEE BY SHRI O.P.SAPRA, AR REVENUE BY SHRI D.K.GUPTA, DR DATE OF HEARING 12-09-2012 DATE OF PRONOUNCEMENT 12-09-2012 O R D E R A.N.PAHUJA:- THIS APPEAL FILED ON 30.12.2010 BY THE ASSESSEE AGA INST AN ORDER DATED 29.10.2010 OF THE A DIT, INTERNATIONAL TAXATI ON, DEHRADUN READ WITH ORDER DATED 30.09.2010 OF THE DISPUTE RESOLUTION PANEL-II , DELHI[DRP IN SHORT], RAISES A NUMBER OF GROUNDS ,INCLUDING IN RESPECT OF VALI DITY OF INITIATION OF REASSESSMENT PROCEEDINGS U/S 147 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) WITH THE ISSUE OF A NOTICE U/S 148 OF THE ACT ON 30.3.2009. 2. AT THE OUTSET, THE LD. AR POINTED OUT THAT THE ASSESSEE FILED A WRIT PETITION BEFORE THE HONBLE UTTARAKHAND HIGH COURT IN WP NO .(MS) 2070 OF 2009 AND THE HONBLE HIGH COURT VIDE THEIR ORDER DATED 4.5.2012 QUASHED THE NOTICE DATED 30.3.2009 ISSUED U/S 148 OF THE ACT, IN THE FOLLOWI NG TERMS: WE PRESENTLY HAVE A CASE BEFORE US WHERE ADMI TTEDLY REASSESSMENT PROCEEDINGS HAVE BEEN INITIATED AFTER A PERIOD OF F OUR YEARS FROM THE END OF THE RELEVANT ASSESSMENT YEAR AND THE REVENUE HAS NOT BE EN ABLE TO SHOW EITHER IN THE REASON SUPPLIED BY IT TO THE ASSESSEE OR EVEN BEFORE THIS COURT THAT THE ITA N O.6066 /DEL./2010 2 INCOME HAS ESCAPED ASSESSMENT DUE TO FAILURE ON THE PART OF THE ASSESSEE TODISCLOSE FULLY & TRULY ALL MATERIAL FACTS, THIS COURT IS OF CONSIDERED VIEW THAT THE PROCEEDINGS INITIATED AGAINST THE PETITIONER COMPAN Y UNDER SECTION 147/148 OF THE INCOME TAX ACT ARE WHOLLY WITHOUT JURISDICTION AND SO ARE ORDERS PASSED THEREIN. IN VIEW OF THE AFORESAID, THE COURT IS OF THE CONSI DERED VIEW THAT THE ASSESSING OFFICER COMMITTED AN ERROR IN REOPENING THE ASSESSM ENT PROCEEDINGS UNDER SECTION 148 READ WITH SECTION 147 OF THE ACT. THE N OTICE DATED 30.3.2009[ANNEXURE-P-1) ISSUED UNDER SECTION 148 OF THE ACT BEING IN VIOLATION OF PROVISO TO SECTION 147 OF THE ACT IS LIABLE TO BE Q UASHED AND IS HEREBY QUASHED. CONSEQUENTLY NOTICE DATED 17.11.2009(ANNEXURE-P2) I S ALSO QUASHED. THE WRIT PETITION IS ACCORDINGLY ALLOWED. 3. THE LD. DR WAS ALSO HANDED OVER A COPY OF THE A FORESAID DECISION. 4. IN VIEW OF THE FOREGOING, WHEN THE NOTICE DATED 30.3.2009 ISSUED U/S 148 OF THE ACT, ITSELF HAS BEEN QUASHED BY THE HONBLE JURISDICTIONAL HIGH COURT, ALL THE SUBSEQUENT PROCE EDINGS ARE WITHOUT JURISDICTION AND THUS, LIABLE TO BE STRUCK DOWN . IN VIEW THEREOF, VARIOUS GROUNDS RAISED IN THIS APPEAL BE COME INFRUCTUOUS. 5. IN RESULT, APPEAL IS DISMISSED AS INFRUCTUOUS. SD/- SD/- (C.M.GARG) (A.N. PAHUJA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) COPY OF THE ORDER FORWARDED TO :- 1. ASSESSEE 2. A.D.I.T., INTERNATIONAL TAXATION,DEHRADUN. 3. CIT CONCERNED. 4. DRP-II, NEW DELHI 5. DR, ITAT,C BENCH, NEW DELHI 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, DELHI ORDER PRONOUNCED IN OPEN COURT