| |
The Tax PublishersITA No 89/Lkw/2020 And CO No 01/Lkw/2022 (in ITA No 89/Lkw/2020)
2022 TaxPub(DT) 5860 (Luck-Trib)INCOME TAX ACT, 1961
Section 147
The reasons recorded for reopening of assessment were to be provided to assessee along with copy of notice under section 148 and there is no provision in the Act which requires assessee to pay fee for obtaining copy of reasons recorded. Therefore, reassessment was quashed as void-ab-initio.
|
Reassessment - Validity - Reasons recorded for reopening of assessment not provided to assessee before completion of assessment -
Assessee challenged validity of reassessment framed by AO pleading that AO was required to provide copy of reasons recorded for reopening of assessment before completion of assessment which he did not do. Held: The reasons recorded for reopening of assessment were to be provided to assessee along with copy of notice under section 148 and there is no provision in the Act which requires assessee to pay fee for obtaining copy of reasons recorded. Therefore, reassessment was quashed as void-ab-initio.
Relied:CIT v. Videsh Sanchar Nigam Ltd. (2012) 340 ITR 66 (Bom-HC) : 2012 TaxPub(DT) 676 (Bom-HC), CIT v. Trend Electronics (2015) 61 Taxmann.com 308 (Bom-HC) : 2015 TaxPub(DT) 3759 (Bom-HC), Kothari Metals v. ITO (2015) 80 Taxmann.com 163 (Karn-HC) : 2015 TaxPub(DT) 4976 (Karn-HC), CIT (LTU) v. IDBI Ltd. (2016) 76 taxmann.com 227 (Bom-HC) : 2016 TaxPub(DT) 5113 (Bom-HC), Inderjeet S Sachdeva v. Dy. CIT, Moradabad (2016) 83 Taxmann.com 256 (Del) : 2016 TaxPub(DT) 3246 (Del-Trib), Pr. CIT v. Jagat Talkies Distributions (2017) 85 taxmann.com 189 (Del-HC) : 2017 TaxPub(DT) 3981 (Del-HC),Tata International Ltd. v. Dy. CIT (2012) 23 Taxmann.com 18 (Mum-Trib) : 2012 TaxPub(DT) 2450 (Mum-Trib) andUjagar Holdings (P) Ltd. v. ITO (2017) 88 Taxmann.com 857 (Del-Trib) : 2016 TaxPub(DT) 2835 (Del-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, LUCKNOW BENCH
 SUBSCRIBE FOR FULL CONTENT
|