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| The Tax Publishers2019 TaxPub(DT) 0052 (Visakhapatnam-Trib) INCOME TAX ACT, 1961
Section 147
Where AO had not communicated reasons for reopening of assessment assessment made under section 147 was held to be invalid.
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Reassessment - Validity - Non-communication of reasons recorded for reopening of assessment -
Assessee challenged validity of reassessment framed under section 147 on the ground of non-communication of reasons recorded for reopening of assessment. AO's case was that assessee was made known the reasons recorded by an order sheet entry.Held: Order sheet entry was defective in as much as it did not bear signature of AO and AO could not place any separate evidence to establish that the reasons were communicated to be assessee, therefore, reopening of assessment was invalid and consequent reassessment order was quashed.
Relied:CIT v. Videsh Sanchar Nigam Ltd. (2012) 340 ITR 66 (Bom-HC) : 2012 TaxPub(DT) 676 (Bom-HC) and Sri Sarvaraya Sugars Ltd. v. Jt. CIT [ITA No. 294/VIZ/2014, ITA No. 295/VIZ/2014, ITA No. 576/VIZ/2014, dt. 20-12-2017].
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09 to 2011-12.
IN THE ITAT, VISAKHAPATNAM BENCH
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