Vandana Agarwal, Kolkata V. ITO, Ward - 50(3), Kolkata , Kolkata

ITA 959/KOL/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4673 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 10-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C J SINGH
• Assessee Lawyers: V K JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA SMC BENCH, KOLKATA [BEFORE SRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER] I.T.A. NO. 959/KOL/2018 ASSESSMENT YEAR: 2008-09 VANDANA AGARWAL.............APPELLANT C/O. RSVPC & COMPANY 41A, AJC BOSE ROAD SUITE NO. 613 6 TH FLOOR KOLKATA 700 017 [PAN : AAADGPA 7080 B] INCOME TAX OFFICER, WARD-50(3), KOLKATA........RESPONDENT APPEARANCES BY: SHRI V.K. JAIN, A/R, APPEARED ON BEHALF OF THE ASSESSEE. SHRI C.J. SINGH, ADDL. CIT, APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : OCTOBER 10 TH , 2018 DATE OF PRONOUNCING THE ORDER : OCTOBER 24 TH , 2018 O R D E R PER J. SUDHAKAR REDDY :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS)-15, KOLKATA (HEREINAFTER THE LD. CIT (A)), PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (THE ACT), DT. 08/03/2018, FOR THE ASSESSMENT YEAR 2008-09. 2. HEARD RIVAL CONTENTIONS. ON CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE, PERUSAL OF THE PAPERS ON RECORD, ORDERS OF THE AUTHORITIES BELOW AS WELL AS CASE LAW CITED, I HOLD AS FOLLOWS:- 2.1. IT TRANSPIRES FROM THE RECORD THAT THE ASSESSMENT IN QUESTION PERTAINS TO THE ASSESSMENT YEAR 2008-09. COPY OF THE NOTICE FOR RE-OPENING IS PLACED AT PAGE NO. 3. A PERUSAL OF THE REASONS FOR RE-OPENING DEMONSTRATES THAT HE ASSESSING OFFICER SIGNED THE SAME ON 16/04/2015, THOUGH THE DATE RECORDED ON THE TOP LEFT CORNER IS 18/03/2015. HENCE, IT IS CLEAR THAT THE REASONS FOR RE-OPENING WERE RECORDED ON 16/04/2015 AND NOT ON 18/03/2015. RE-OPENING OF ASSESSMENT CANNOT BE DONE WITHOUT RECORDING REASONS. WHEN 2 I.T.A. NO. 959/KOL/2018 ASSESSMENT YEAR: 2008-09 VANDANA AGARWAL THE REASONS THEMSELVES WERE RECORDED BEYOND THE PERIOD OF SIX YEARS, THE RE-OPENING OF ASSESSMENT IS BARRED BY LIMITATION. ON THIS GROUND ALONE THE RE-OPENING OF THE ASSESSMENT IS QUASHED. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. KOLKATA, THE 24 TH DAY OF OCTOBER, 2018. SD/- [ J. SUDHAKAR REDDY ] ACCOUNTANT MEMBER DATED :24.10.2018 {SC SPS} COPY OF THE ORDER FORWARDED TO: 1. VANDANA AGARWAL C/O. RSVPC & COMPANY 41A, AJC BOSE ROAD SUITE NO. 613 6 TH FLOOR KOLKATA 700 017 2. INCOME TAX OFFICER, WARD-50(3), KOLKATA 3. CIT(A)- 4. CIT- , 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER ASSISTANT REGISTRAR HEAD OF OFFICE/ D.D.O. ITAT, KOLKATA BENCHES