THE ACIT CC-1, Mumbai V. M/S. ROLTA INDIA LTD., Mumbai

ITA 8880/MUM/2004

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1577 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 1998-1999
• Appeal Filed On: 07-12-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K PAWA
• Assessee Lawyers: DEEPAK TRALSHWAL A
• Keywords: Reopening of assessment; Reassessment proceedings
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H: MUMBAI BEFORE SHRI D.MANMOHAN, HONBLE VICE PRESIDENT AND RAJENDRA SINGH, ACCOUNTANT MEMBER ITA NO.8880/MUM/2004 (ASSESSMENT YEAR 1998-99) ASSTT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -I, MUMBAI VS ROLTA INDIA LTD, ROLTA BHAVAN, 22 ND STREET, MIDC MORAL, ANDHERI (E), MUMBAI -400 093 (PAN: AAACR 2711G ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S K PAWA RESPONDENT BY : SHRI DEEPAK TRALSHWALA ORDER PER D.MANMOHAN, V.P. 1. REOPENING OF ASSESSMENT U/S 147 OF THE ACT HAVI NG BEEN QUASHED BY THE LEARNED CIT (A), REVENUE PREFERRED A N APPEAL BEFORE THE TRIBUNAL. DIVISION BENCH HEARD THE CASE. HONBLE VICE PRESIDENT EXPRESSED HIS VIEW THAT REOPENING OF ASSESSMENT, UN DER THE CIRCUMSTANCES OF THIS CASE, IS BAD IN LAW WHEREAS, LEARNED ACCOUNTANT MEMBER HELD THAT THERE IS NO INFIRMITY IN THE PROCE DURE FOLLOWED BY THE ASSESSING OFFICER. THUS, THE HONBLE PRESIDENT NOM INATED SHRI R.V. EASWAR, SR. VICE-PRESIDENT AS A THIRD MEMBER TO RES OLVE THE ISSUE. VIDE ORDER DATED 7 TH MAY 2010, HONBLE THIRD MEMBER AGREED WITH THE VIE W EXPRESSED BY THE HONBLE VICE PRESIDENT AND HELD TH AT INITIATION OF REASSESSMENT PROCEEDINGS U/S 147 OF THE INCOME-TAX ACT, 1961 WAS VOID AB-INITIO. 2. IN LINE WITH THE VIEW TAKEN BY THE MAJORITY, WE UPHOLD THE ORDER OF LEARNED CIT (A) AND HOLD THAT REOPENING OF ASSESSME NT IS VOID AB-INITIO. SINCE ASSESSMENT MADE U/S 147 IS QUASHED, IT IS NOT NECESSARY TO CONSIDER THE MERITS OF THE CASE. ITA 8880/M/2004 ROLTA INDIA LTD 2 3. IN THE RESULT, AS PRONOUNCED IN THE OPEN COURT, APPEAL FILED BY THE REVENUE IS DISMISSED. SD/- SD/- (RAJENDRA SINGH) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 4 TH JUNE, 2010. COPY TO 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (A)-XXIX, MUMBAI. 4. THE CIT-VIII, MUMBAI. 5. DR H BENCH 6. GUARD FILE. *CHAVAN BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI