2013 (7) TMI 270

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..... are as follows :- (1) For that in view of the facts and circumstances of the case, the CIT(A) was wholly wrong and unjustified in upholding the legality and validity of the initiation of the proceeding u/s. 17 of the Wealth Tax Act by the AO and the subsequent order of assessment passed by him u/s. 16(3)/17 of the W.T. Act without considering the facts that the proceeding u/s. 17 was vitiated owing to the AO's failure to communicate to the assessee the recorded reasons for initiating such proceeding which is mandatory and further that the assessment u/s. 16(3)/17 was made without any application of mind. The action of the ld. CIT(A) was wholly unreasonable uncalled for and bad in law. (2) For that in view of the facts and circumstances of .....

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..... to the assessee. It was also pointed out that, as noted by the ld. CIT(Appeals), the assessee had made oral request for furnishing of reasons to the Assessing Officer for reopening of assessment. This request was also reiterated at the first appellate stage. While the Assessing Officer did not take any cognizance of the oral request, the ld. CIT(Appeals) rejected the same on the ground that "once the appellant has attended the proceedings and complied with, the claim of oral request for furnishing reasons recorded to the A.O. at the appellate stage has no basis". It was the submission that the compliance to the notices and requisitions made by the Assessing Officer cannot be treated as acquisition to the jurisdiction. It is a legal right a .....

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..... reasons of reopening the assessment to the assessee and in case the assessee has any objection to such reopening, the AO will adjudicate on the same in accordance with law and by way of a speaking order before assuming jurisdiction in reopening the assessment proceedings. It is only after this exercise carried out the Assessing Officer can further proceed in the reassessment proceedings and frame the resultant order. In the present case, this exercise has not been carried out. We, therefore, deem it fit and proper to remit the matter to the file of Assessing Officer for fresh adjudication in the light of above observations. Accordingly, the Assessing Officer shall furnish a copy of the reasons recorded for reopening the assessment to the a .....

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