Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1506 - ITAT MUMBAIReopening of assessment u/s 147 - non disposal of appellant’s objections by the AO - HELD THAT:- AO formed a belief that income has escaped assessment upon receipt of information from DDIT(Inv) Mumbai and Sales Tax Deptt. Govt of Mahahrashtra and thereafter the re-assessment was framed vide order dated 29.12.2010 u/s 143(3) r.w.s. 148 without having disposed off the objections filed by the assessee against the reasons recorded on the basis of which the re-assessment proceedings were initiated and notice u/s 148 was issued. The perusal of the assessment order reveals that though the assessee vide letter dated 15.12.2010 filed before the AO various objections but there is no mention of these objections being disposed before the framing of the re-assessment order. DR could not place any evidence to controvert the argument of non disposal of the objections filed by the assessee. In our opinion, the objections filed by the assessee during the reassessment proceedings has to be disposed off failing which the reassessment order so passed by the AO is nullity. See M/S. BAYER MATERIAL SCIENCE PVT LTD VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX-10 (3) AND OTHERS [2016 (3) TMI 179 - BOMBAY HIGH COURT] - Decided in favour of assessee.
|