Shri. M.N. Shahid, Bangalore V. ITO,

MA 46/BANG/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5136 (ITAT-BANGALORE)
• Duration Of Justice: 6 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-11-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-10-2010
• Assessment Year: misc
• Appeal Filed On: 20-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRATAP SINGH
• Assessee Lawyers: NITYA
• Keywords: Reopening of assessment
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE DR. O.K. NARAYANAN, VICE PRESIDENT AND SHRI GEORGE GEORGE K., JUDICIAL MEMBER M.P. NO.46/BANG/2010 (ARISING OUT OF ITA NO.917 TO 921/BANG/2009) ASSESSMENT YEARS : 1998-99 TO 2003-04 SHRI M.N. SHAHID, NO.22, JAYA HANUMAN COMPLEX, OPP. SANGAM TALKIES, S.C. ROAD CROSS, BANGALORE. : APPLICANT VS. THE INCOME TAX OFFICER, WARD 3(4), BANGALORE. : RESPONDENT APPLICANT BY : SMT. NITYA, ADVOCATE RESPONDENT BY : SHRI PRATAP SINGH, ADDL.CIT(DR) O R D E R PER GEORGE GEORGE K., JUDICIAL MEMBER THIS MISCELLANEOUS PETITION FILED BY THE ASSESSEE ARISES OUT OF THE CONSOLIDATED ORDER OF THE TRIBUNAL DATED 22.02.2010 . 2. THE TRIBUNAL IN THE ABOVE SAID ORDER HAD DECIDED THE ISSUE ON MERITS IN FAVOUR OF THE ASSESSEE AND AS AGAINST THE REOPENING OF THE ASSESSMENT U/S. 147, THE SAME WAS DECIDED AGAINST T HE ASSESSEE VIDE PARA 12 OF ITS ORDER. M.P. NO 46/BANG/10 PAGE 2 OF 3 3. THE ASSESSEE BEING AGGRIEVED BY THE ORDER UPHOLD ING THE LEGALITY OF INVOKING SECTION 147 OF THE ACT, HAS FILED THIS MIS CELLANEOUS PETITION. THE LD. AR IN THE COURSE OF HEARING OF THIS PETITION, A GAIN ASSERTED THAT THERE HAS BEEN NO RECORDING OF REASONS IN THE ORDER SHEET. I T IS SUBMITTED THAT RECORDING OF REASONS FOR REOPENING THE ASSESSMENT I S DONE IN A SEPARATE SHEET. IT IS FURTHER CONTENDED BY THE LD. AR THAT THE TRIBUNALS OBSERVATION THAT THERE HAS BEEN NO OBJECTION FILED BY THE ASSES SEE TO THE REASONS RECORDED IS NOT CORRECT. THE LD. DR PRESENT WAS D ULY HEARD. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. IN THE INSTANT CASE, IT IS AN ADMITTED POS ITION THAT REASONS RECORDED FOR INVOKING JURISDICTION U/S. 147 OF THE ACT WAS C OMMUNICATED TO THE ASSESSEE AT THE TIME OF COMPLETION OF ORIGINAL ASSE SSMENT. WHEN THE ASSESSMENT WAS SET ASIDE BY THE TRIBUNAL IN THE FIR ST ROUND, THE ASSESSEE WAS AFFORDED INSPECTION OF THE RECORDS AND THE SAME WAS AVAILED ON 8.12.08. NO OBJECTION WITH REGARD TO REOPENING OF ASSESSMENT HAS BEEN FILED SUBSEQUENT TO INSPECTION OF RECORDS. PHOTOCO PY OF THE REASONS RECORDED IN THE ORDER SHEET HAVE BEEN FURNISHED BY THE LD. DR AND IT IS SEEN FROM THE SAME THAT THE AO HAS CLEARLY RECORDED AND ENUMERATED THE REASONS FOR REOPENING THE ASSESSMENT. HENCE THE AS SESSEES OBJECTIONS CANNOT BE ACCEPTED. 5. MORE OVER, WE FIND THE MATTER NOW RAISED BY THE ASSESSEE CANNOT BE CURED IN RECTIFICATION PROCEEDINGS U/S. 254(2) OF T HE ACT, SINCE INVOKING RECTIFICATION PROCEEDINGS IS LIMITED ONLY TO MISTAK E, WHICH IS APPARENT ON THE FACE OF THE RECORD. M.P. NO 46/BANG/10 PAGE 3 OF 3 6. IN THE LIGHT OF THE ABOVE REASONING, WE FIND THE RE IS NO REASON TO INTERFERE WITH THE CONSOLIDATED ORDER OF THE TRIBUN AL DATED 22.02.2010. 7. IN THE RESULT, THE MISCELLANEOUS PETITION IS DIS MISSED. PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF NOVEMBER, 2010. SD/- SD/- ( DR. O.K. NARAYANAN ) (GEORGE GEORGE K. ) JUDICIAL MEMBER JUDICIAL MEMBER BANGALORE, DATED, THE 1 ST NOVEMBER, 2010. DS/- COPY TO: BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE. 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE