| |
| The Tax Publishers2020 TaxPub(DT) 0088 (Bom-HC) INCOME TAX ACT, 1961
Section 147
Where Tribunal had confirmed the factual finding recorded by CIT(A) that copy of the reasons were not supplied to assessee, in spite of being asked by assessee and even on merits, Tribunal found that reasons were incorrect as they were not pertaining to the year, therefore, the view taken that reopening of assessment was without jurisdiction, could not be faulted with.
|
Reassessment - Validity - No reasons in support of notice for reopening were supplied to assessee -
Issue arose under consideration as to whether Tribunal erred in holding that reassessment was invalid without appreciating that the reasons were communicated to the assessee and the issue raised therein were the reasons for reopening. Held: Tribunal had confirmed the factual finding recorded by CIT(A) that copy of the reasons were not supplied to assessee, in spite of being asked by assessee. Even on merits, Tribunal found that reasons were incorrect as they were not pertaining to the year. Once it was established from the record and concurrently held by both CIT(A) and Tribunal that copy of the reasons was given to assessee in support of the notice for reopening, the view taken that reopening of assessment was without jurisdiction, could not be faulted with.
REFERRED : CIT v. Videsh Sanchar Nigam Ltd. (2012) 21 taxmann.com.53 (Bom) : 2012 TaxPub(DT) 0676 (Bom-HC)
FAVOUR : In assessee's favour
A.Y. :
 SUBSCRIBE FOR FULL CONTENT
|