Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (9) TMI 240 - AT - Income TaxValidity of reopening of the assessment - Notice beyond four years from the end of the relevant A.Y - capital gains invoking the provisions of section 50C - HELD THAT:- CIT (A) has summarily rejected the contentions of the assessee without considering the detailed written submission and the facts placed before her. It is the obligation of the Learned CIT(A) to consider all the facts and decide the issue in speaking order. In the instant order the Ld.CIT(A) has not discussed the facts placed before her and the reasoning for rejection of assessee’s contention regarding the validity of reopening the assessment. Issue with regard to the validity of the reopening of the assessment needs to be addressed by the learned CIT (A) in the light of the facts placed by the assessee in it’s written submissions - we set aside the matter to the file of the CIT (A) with a direction to consider all the facts and submissions made by the assessee and the evidence placed before the CIT (A) and decide the issue afresh on merits after giving opportunity to the assessee. - Decided in favour of assessee for statistical purposes.
|