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The Tax PublishersM.A. No. 19-22/VIZ/2019 (Arising out of I.T.A No. 113-116/Viz/2018)
2019 TaxPub(DT) 6221 (Visakhapatnam-Trib)INCOME TAX ACT, 1961,
Section 254, 147, 148 & 143(3)
AO completed assessment without communicating reasons recorded for issue of notice under section 148, in spite of the specific request made by assessee for furnishing reasons, therefore, the assessment was rightly treated as invalid by Tribunal.
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Appeal (Tribunal) - Rectification - Non-communication of reasons for reopening of assessment rendered assessment invalid -
AO completed assessment without communicating reasons recorded for issue of notice under section 148, in spite of the specific request made by assessee for furnishing reasons. Tribunal had adjudicated validity of assessment made under section 147 read with section 143(3) and held that the assessment was invalid for non-communicating the reasons to the assessee. Held: The Tribunal after considering the facts of the case and as per material available on record, given a finding that the AO did not communicate the reasons recorded for reopening the assessment. The Tribunal had also taken support of decision of Supreme Court in case of M/s. GKN Drive Shafts (India) Ltd. v. ITO (2003) 259 ITR 19 (SC) : 2003 TaxPub(DT) 734 (SC), wherein the Supreme Court held that the AO is required to communicate the reasons on request of the assessee. Thus, there was no mistake in the order passed by the Tribunal.
Relied:M/s. GKN Drive Shafts (India) Ltd. v. ITO (2003) 259 ITR 19 (SC) : 2003 TaxPub(DT) 734 (SC) and Narayanappa v. CIT (1967) 63 ITR 219 (SC) : 1967 TaxPub(DT) 198 (SC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2008-09 to 2011-12
IN THE ITAT, VISAKHAPATNAM BENCH
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