Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 1043 - ITAT MUMBAIReopening of assessment u/s 147 - lack of proper approval u/s 151 and due to non–disposal of the objections raised during the assessment proceedings - HELD THAT:- Hon'ble Jurisdictional High Court in case of KSS Petron Pvt. Ltd. [2016 (10) TMI 1112 - BOMBAY HIGH COURT] has held that if the Assessing Officer passes the re–assessment order without disposing of the objections raised by the assessee, such assessment order will be without jurisdiction and only consequence which can follow is to declare the assessment order null and void, hence, there is no reason to restore the issue to the Assessing Officer to pass a fresh assessment order. Non–disposal of objections challenging the validity of re–opening of assessment u/s 147 of the Act is not a mere procedural lapse but effects the jurisdiction of the Assessing Officer to pass the assessment order u/s 143(3) r/w section 147 of the Act. See GKN DRIVESHAFTS (INDIA) LTD. VERSUS ITO [2002 (11) TMI 7 - SUPREME COURT]. Therefore, we have no hesitation in holding the impugned assessment orders passed under section 143(3) r/w section 147 of the Act as void ab initio. Accordingly, we quash the assessment orders impugned in the present appeal. - Decided in favour of assessee.
|