The Tax Publishers2019 TaxPub(DT) 3091 (Ind-Trib)

INCOME TAX ACT, 1961

Section 148

Since CIT(A) failed to consider the documents placed in the appeal by assessee and AO had not given a finding that reopening was because of “omission or failure on the part of the assessee to make true and full disclosure”, therefore, matter was remanded back to AO with a direction to re-do the assessment de-novo after providing reasonable opportunity of being heard to assessee.

Reassessment - Validity - Disallowance under section 14A read with rule 8D -

The case of the assessee was reopened for assessment and assessment under section 147. While framing the assessment, AO made disallowance under section 14A. CIT(A) after considering the submissions partly allowed the appeal of assessee and confirmed the addition of part amount. Assessee contended that reopening of assessment under section 147 was null and void and AO had not given a finding that reopening was because of “omission or failure on the part of the assessee to make true and full disclosure”. Held: Contention of assessee was that CIT(A) without appreciating or examining the documents filed before him in the proper perspective, upheld the action of AO. CIT(A) had not considered the objection of assessee and ought to have called for a remand report from AO. Therefore, to meet the ends of justice, matter was remanded back to AO with a direction to re-do the assessment de-novo after examining the documents as per law after providing reasonable opportunity of being heard to the assessee.

Followed:CIT v. Kelvinator of India Ltd. (2010) 187 Taxman.com 312 (SC) : 2010 TaxPub(DT) 1335 (SC) Calcutta Discount Company Ltd. v. ITO, Companies District I, Calcutta, and Anr. (1961) 42 ITR 191 (SC) : 1961 TaxPub(DT) 0130 (SC) General Motors India (P.) Ltd. v. Dy. CIT (2014) 360 ITR 527 (Guj) : 2014 TaxPub(DT) 0529 (Guj-HC)

REFERRED :

FAVOUR : In assessee's favour by way of remand

A.Y. :



IN THE ITAT, INDORE

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com