Sri. Chandrahas M. Shet S/o. Late Manjunath Shet, Karnataka V. Income Tax Officer, Ward- 1, Karwar

ITA 86/PAN/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93541 (ITAT-PANAJI)
• Duration Of Justice: 2 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 06-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 26-10-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: B BALA KRISHNA LD
• Assessee Lawyers: CHINMAY S KAMAT; SHAM J KAMAT
• Keywords: Valuation report; Reassessment proceedings
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI N.S. SAINI, HON'BLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NO. 86/PNJ/2012 : (A.Y 2009 - 10) SRI CHANDRAHAS M. SHET S/O LATE MANJUNATH SHET JOGMATH ROAD, HONNAVAR, KARNATAKA 581 334. PAN : AYQPS4966H ( APPELLANT) VS. INCOME TAX OFFICER, WARD - 1, KARWAR (RESPONDENT) ASSESSEE BY : SHAM J. KAMAT, CA & CHINMAY S. KAMAT, CA REVENUE BY : B. BALAKRISHNA, LD. DR DATE OF HEARING : 06/07/2015 DATE OF PRONOUNCEMENT : 06/07/2015 O R D E R PER GEORGE MATHAN : 1. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A), MYSORE IN APPEAL BEARING ITA NO. 165/KWR/CIT(A)MNG/11 - 12 DT. 8.6.2012 FOR A.Y 2009 - 10. SHRI SHAM J. KAMAT AND SHRI CHINMAY S. KAMAT, CAS REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI B. BALAKRISHNA, LD. DR REPRESENTED ON BEHALF OF THE REVENUE. 2. IT WAS SUBMITTED BY THE LD. AR AT THE TIME OF THE HEARING THAT THE ASSESSEE HAS RAISED ADDITIONAL GROUNDS IN RESPECT OF RE - OPENING WHICH ARE AS FOLLOWS : 2 ITA NO. 86/PNJ/2012 (A.Y : 2009 - 10) 1) THE REASSESSMENT PROCEEDINGS INITIATED BY ISSUE OF NOTICE U/S 148 DATED 01/02/2011 ARE BAD IN LAW. 2) THE REASSESSMENT IS BAD AS AO HAS NO JURISDICTION TO COMPLETE THE ASSESSMENT U/S 143 RW 147. 3) THE VALUATION REPORT OBTAINED BY THE AO IS BAD IN LAW AS AO HAS NO JURISDICTION TO REFER THE VALUATION OF THE HOUSE TO THE DEPARTMENTAL VALUATION OFFICER. 3. IT WAS THE SUBMISSION THAT THE ISSUE OF RE - OPENING WAS NOT BEFORE THE LD. CIT(A) . IT WAS THE SUBMISS ION THAT THE ADDITIONAL GROUNDS AS RAISED BY THE ASSESSEE WERE LIABLE TO BE ADMITTED AND THE APPEAL DISPOSED OFF. 4. IN REPLY, THE LD. DR DID NOT RAISE ANY SERIOUS OBJECTIONS IN RESPECT OF THE ADDITIONAL GROUNDS RAISED. IT WAS, HOWEVER, SUBMITTED THAT TH E ISSUES RAISED IN THE ADDITIONAL GROUNDS WERE NOT BEFORE THE LD. CIT(A) AND CONSEQUENTLY HIS VIEWS WERE NOT AVAILABLE. IT WAS THE SUBMISSION THAT THE ISSUES COULD BE RESTORED TO THE FILE OF THE LD. CIT(A) FOR RE - ADJUDICATION ALONGWITH THE ISSUE OF RE - OPE NING WHICH HAS BEEN RAISED. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS THERE IS NO SERIOUS OBJECTION TO THE ADDITIONAL GROUNDS RAISED AND AS IT IS SEEN THAT THE ADDITIONAL GROUNDS RAISED ARE IN RESPECT OF JURISDICTION AND WOULD GO TO THE ROOT OF THE ASSESSMENT, THE ADDITIONAL GROUNDS RAISED STAND ADMITTED. HOWEVER, AS THE SAID ADDITIONAL GROUNDS AND THE ISSUES RAISED THEREIN WERE NOT BEFORE THE LD. CIT(A), WE ARE OF THE VIEW THAT THESE ISSUES MUST BE RESTORED TO THE FILE OF THE LD. CIT(A) FOR ADJUDI CATION AND WE DO SO. CONSEQUENTLY, THE ORDER OF THE LD. CIT(A) IS SET ASIDE AND THE ISSUES IN THIS APPEAL ALONGWITH THE ISSUES RAISED IN THE ADDITIONAL GROUNDS STAND RESTORED TO THE FILE OF THE LD. CIT(A) FOR RE - ADJUDICATION AFTER GRANTING THE ASSESSEE AD EQUATE OPPORTUNITY TO SUBSTANTIATE ITS CLAIM. 3 ITA NO. 86/PNJ/2012 (A.Y : 2009 - 10) 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 06/07/2015. S D / - (N.S. SAINI) ACCOUNTANT MEMBER S D / - ( GEORGE MATHAN ) JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 0 6 /07/ 201 5 *SSL* COPY TO : (1) APPELLANT (2) RESPONDENT (3) CIT(A) CONCERNED (4) CIT CONCERNED (5) D.R (6) GUARD FILE TRUE COPY, BY ORDER , 4 ITA NO. 86/PNJ/2012 (A.Y : 2009 - 10) DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ORDER ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 06/07/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 06/07/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 06/07/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 0 7 /07/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 0 7 /07/2015 SR.PS 6. DATE OF PRONOUNCEMENT 06/07/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 0 7 /07/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER 5 ITA NO. 86/PNJ/2012 (A.Y : 2009 - 10)