Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 1293 - AT - Income TaxReopening of assessment - CIT(A) quashed reopening - Held that:- CIT(A) has stated on the same page of his order that the AO has not appraised any of the evidence, rendered to in his remand report while framing the order and making assessment and therefore, its conclusion is not based any material in his position and he simply assessed by trade tax authority. After making this disallowance, he held that making an assessment in such a manner is fairly not permissible and is contravention of the judgment of the Hon’ble Supreme Court rendered by Ld. AR in his submission. We fail to understand this finding of Ld. CIT(A) after observing this in the preceding para that the reopening was made on the basis of material. Hence, we are of the considered opinion that in the facts of the present case, the orders of the CIT(A) is not sustainable on this issue because when this is accepted by the Ld. CIT(A) that reopening was made on the basis of material indicated by the AO in the remand report reopening of assessment cannot be said to be faulty. - Decided in favour of revenue Unexplained investment on account of sales - CIT(A) deleted the addition - Held that:- The reason made by the AO without disposing of the objection of the assessee and on the basis of assessment order passed by the Trade Tax Authority which was set aside and the subsequent order of the Trade Tax Authority has not been brought on record before us. But the relief allowed by the Ld. CIT(A) is also without taking cognizance of the subsequent order of Trade Tax Authority and without referring to the material of 19 pages indicated by the AO in the remand report. Considering all these facts, we feel it proper that this matter should go back to the file of the AO for fresh decision and he pass necessary order as per law. In the light of the above discussion after providing reasonable opportunity of being heard to the assessee and such order of the AO should be speaking and reasoned order. - Decided in favour of assessee for statistical purposes.
|