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2017 (10) TMI 1598 - ITAT BANGALOREReopening of assessment u/s 147 - Mandation of considering objections against reopening - whether the matter is required to be reconsidered at the level of the AO for deciding the objections by a speaking separate order or the assessment order is liable to be quashed for want of a separate order of Assessing Officer deciding the objections prior to the passing of the assessment / reassessment order? - HELD THAT:- Assessee filed the objection against the Notice under Section 148 only on 28.3.2013 and the Assessing Officer was left with no option but to finalise the assessment before the expiry of limitation for completing the assessment on 31.3.2013. Assessing Officer has completed the assessment vide order dt.28.3.2013 whereby the objections of the assessee were also disposed off. Accordingly, we find that decisions relied upon by the ld. DR on this point are applicable in the facts of the present case and therefrom, we set aside the impugned order of the CIT (Appeals) as well as the assessment order and remit the matter to the record of the Assessing Officer for deciding the objections of the assessee by a separate speaking order and in case the objections of the assessee are rejected then after allowing the assessee a period of four weeks the Assessing Officer may pass the assessment order. Assessee has raised the objection against the reassessment on the ground that when the provisions of Section 153C are applicable in the case of the assessee then the Assessing Officer cannot resort to the provisions of Sections 147 and 148 - These objections of the assessee were not considered and decided by the CIT (Appeals) therefore, when the objections of the assessee are directed to be considered and decided by the Assessing Officer by a separate speaking order as the issue raised in the revenue’s appeal, the objections raised by the assessee in the C.O. are also therefore set aside to the record of the Assessing Officer for considering and deciding the same along with the other objections.
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