Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 193 - BOMBAY HIGH COURTReopening of assessment - case made out in the affidavit belatedly filed by the Assessing Officer - Held that:- An Appeal against the order of Assessing Officer was preferred by the respondent – assessee on 25th January, 2011. During the pendency of the said Appeal which was decided on 20th June, 2011 no such affidavit was filed by the Assessing Officer. On 8th September, 2011 the appellant – assessee preferred an Appeal before the Appellate Tribunal. From the impugned judgment, it appears that the Appeal was heard 3½ years thereafter on 19th February, 2015. The affidavit relied upon by the learned counsel appearing for the appellant was belatedly filed on 24th March, 2014 which is nearly 2½ years after the Appeal was preferred before the Appellate Tribunal. Thus, what was stated in the affidavit was clearly an afterthought. The affidavit has been taken into consideration by the Appellate Tribunal. The Appellate Tribunal noted that even assuming that the Assessing Officer had dictated reasons on 30th March, 2010, in fact the reasons were signed by him admittedly on 31st March, 2010. The Appellate Tribunal, in our view, rightly held that the process of recording reasons as per the mandate of Sub-Section (2) of Section 148 of the said Act was completed when the Assessing Officer signed the reasons on 31st March, 2010. Thus, even before recording reasons under his signature, a notice under Section 148 was already issued on 30th March, 2010. Therefore, the Appellate Tribunal was right in holding that even if the case made out in the affidavit belatedly filed by the Assessing Officer is correct, it will not advance the case of the appellant – revenue any further. No substantial question of law arises
|