The Tax Publishers2020 TaxPub(DT) 3904 (Mad-HC) : (2020) 428 ITR 0539

INCOME TAX ACT, 1961

Section 147

Where Tribunal did not spell out as to how it came to conclusion that AO did not record any reason of failure on part of assessee to disclose fully and truly any material facts necessary for its assessment, order of Tribunal was set aside without expressing anything on merits of case.

Reassessment - Validity - Tribunal not having spelt out as to how it came to conclusion that AO did not record any failure on part of assessee to disclose fully and truly any material facts -

Revenue challenged order of Tribunal holding that reopening of assessment made under section 147 was bad in law on ground that AO did not record any reason of failure on part of assessee to disclose fully and truly all material facts, which were necessary for passing the assessment order.Held: Tribunal did not spell out as to how it came to conclusion that AO did not record any failure on part of assessee to disclose fully and truly any material facts necessary for its assessment. If Tribunal comes to conclusion that AO did not record any failure on the part of assessee to disclose fully and truly any material facts necessary for its assessment, it is required that Tribunal expresses itself as to how it formed such a opinion. In the absence of any such reasons emanating from order, the order passed by Tribunal, was devoid of reasons and would call for interference. Without expressing anything on merits of matter as it may prejudice interest of assessee, order of Tribunal was set aside.

Relied:Mohinder Singh Gill v. Chief Election Commissioner [AIR 1978 SC 851].

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2008-09



IN THE MADRAS HIGH COURT

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