2021 (4) TMI 1245 - ITAT AHMEDABAD - Income Tax

Head Note / Extract:
Reopening of assessment quashed - case made out by the Revenue that Tribunal was of the observation that reopening was made on the dictates of the superior authority and without any application of mind by the concerned AO, whereas the same was done on the basis of the information made by the CIT(A), Ahmedabad-V, in regard to the revisionary order under Section 263 in the case of Shri Prabhat Karshanbhai Desai for A.Y. 2009-10 one of the assessee herein - HELD THAT:- It appears that the proceeding under Section 263 of the Act in respect of Shri Prabhat Karshanbhai Desai for A.Y. 2009-10 has been mentioned by the Tribunal in the order dated 27.06.2019. No observation on merit upon scanning of 263 proceeding is reflecting from the said order particularly the fact as has been placed on record by way of specific statement made by the Revenue in the instant Miscellaneous Application at Page 2 para (i) onwards. Such narration of facts need to be considered in its proper perspective which was not reflecting in the said order passed by the Ld. Tribunal. Thus, we find merit in the application filed by Revenue. In the light of the above observation, the order is, therefore, recalled. Registry is directed to put the matter on board for hearing in due course.