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2015 (6) TMI 980 - ITAT MUMBAI

2015 (6) TMI 980 - ITAT MUMBAI - TMI - Reopening of assessment - assessee having not been provided the copy of the reasons recorded for re-opening of assessment u/s. 147, but only the gist thereof - Held that:- The omission of the last sentence is not a reason itself, but only the concluding sentence, stating of the foregoing as being the reasons for belief as to escapement of income. Inasmuch as the same does not bear any reason, we do not find that it could be said that the assessee had not be .....

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aid ground is accordingly rejected.

Non-application of mind by the Assessing Officer (AO) in the matter, who has stated to have reopened simply on the basis of the findings of the DDIT(Inv.) - Held that:- there was material available with the AO on the basis of which a reasonable belief that income chargeable to tax had escaped assessment could be formed (paragraph 2.12). The same is a finding of fact, and for which the tribunal tranverses, as apparent from the discussion, through the .....

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tribunal in any manner? What the tribunal states is again a matter of fact, borne out by the reasons recorded and the material on record. Two, the fact that the search was preceeded by a survey, on the contrary, is defeating of the assessee’s case inasmuch as, clearly, material was found in survey leading to the search. The statement by the tribunal, it must be appreciated, was made while considering the assessee’s plea of there being no material for forming, prima-facie, a reasonable belief as .....

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nial of opportunity to cross-examine the AO’s witnesses and, thus, a violation of the principle of natural justice - Held that: The argument is misplaced. For all we know, the cross-examination may not have been asked for, being in the nature of deposition/s. The tribunal has considered the argument (refer para 3.10), and in its view the disallowance had not been affected only on the basis of the said statements and, two, that all the material had been duly confronted to the assessee. It also cl .....

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ter) preferred by the assessee-appellant, directed against the order u/s. 254(1) dated 16.01.2013 passed by the Tribunal disposing its captioned appeal. 2. The Miscellaneous Application assails the impugned order on several grounds, raising legal and factual issues. In fact, the application is argumentative, raising several contentions, some of which we find as outright relevant. It may therefore be, at the outset, even as was during the hearing (of the instant proceedings), clarified that there .....

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annot be improved upon in any manner, of which there is in fact no allegation or charge, either in the appeal or in the present proceedings. It is, firstly, debatable that where the assessee is informed of the reasons for re-opening of assessment, though employing different words, conveying the same meaning and information, would the requirement of informing the assessee of the reasons be satisfied? The requirement is procedural, with a view to informing the assessee of the Revenue s case agains .....

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n in fact supplied the verbatim copy of the reasons, reproducing the same at paragraph 2 (page 2) of its order. The tribunal s findings appear at paragraph 2.8 of the impugned order. The omission of the last sentence is not a reason itself, but only the concluding sentence, stating of the foregoing as being the reasons for belief as to escapement of income. Inasmuch as the same does not bear any reason, we do not find that it could be said that the assessee had not been conveyed the reasons as t .....

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jected. 4. Vide ground 3(ii), the assessee claims non-application of mind by the Assessing Officer (AO) in the matter, who has stated to have reopened simply on the basis of the findings of the DDIT(Inv.). The tribunal discusses this aspect at paragraph 2.11 through 2.15 of its order, meeting the assessee s arguments, to hold that there was material available with the AO on the basis of which a reasonable belief that income chargeable to tax had escaped assessment could be formed (paragraph 2.12 .....

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s premises prior to the relevant search. How would, we wonder, that contradict or impugn the said observation by the tribunal in any manner? What the tribunal states is again a matter of fact, borne out by the reasons recorded and the material on record. Two, the fact that the search was preceeded by a survey, on the contrary, is defeating of the assessee s case inasmuch as, clearly, material was found in survey leading to the search. The statement by the tribunal, it must be appreciated, was m .....

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e tribunal confirmed the disallowance of expenditure booked in favour of the two concerns, M/s. Inorbit Marketing and Services Pvt. Ltd. and M/s. Nupur Management Consultancy Pvt. Ltd., in view of lack of substantiation of the actual rendering of the services, i.e., for which the sums had been paid to them. There is nothing to show that the overwhelming evidences , as stated by the assessee, had not been considered by the tribunal. On the contrary, the tribunal found material on the basis of whi .....

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