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2015 (12) TMI 773 - DELHI HIGH COURT

2015 (12) TMI 773 - DELHI HIGH COURT - TMI - Reopening of assessment - whether the reopening of the assessment under Section 147/148 is valid? - Held that:- In respect of one of the issues, viz., payment of interest on fixed deposits, the Assessees drew the attention of the Assessing Officer ("AO") to the fact that the amount has already been offered to tax and tax had been paid and yet, in the order disposing of the objections, the AO is completely silent as regards this objection.

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RU, JJ For the Petitioner : Mr. Dileep Shivpuri, Advocate and Mr. Sanjay Kumar, Advocate, Mr. Dileep Shivpuri, Advocate and Mr. Sanjay Kumar, Advocate. ORDER CM APPL No. 22567 of 2015 (for condonation of delay) in ITA No. 768 of 2015 CM APPL No. 22568 of 2015 (for condonation of delay) in ITA No. 769 of 2015 1. For the reasons stated in the applications, the delay in refiling the appeals is condoned. 2. The applications are disposed of. ITA No. 768 of 2015 and ITA No. 769/2015 3. These appeals b .....

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ct that the impugned order of the ITAT suffers from no legal infirmity, the Court is of the view that on the face of it, the reasons for reopening of the assessment in both the cases did not satisfy the basic requirement of the law, in at least in two aspects. One was that the reopening was of assessment beyond four years after the AY for which the original assessment was framed and yet the reasons for reopening did not categorically state that there was a failure by the Assessees to disclose an .....

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