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2016 (6) TMI 836 - ITAT MUMBAI

2016 (6) TMI 836 - ITAT MUMBAI - TMI - Reopening of assessment - competent authority to issue notice - the assessment year involved is 2006-07 and the original assessment u/s 143(3) was completed on 31.12.2008. i.e. notice u/s 148 is dated 17.9.2012 which is beyond the period of 4 years from the end of the relevant assessment year - Held that:- The instant fact-situation is covered by sub-section (1) of section 151 of the Act read with the proviso, which prescribes that where assessment has been .....

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accorded by the Additional Commissioner of Income-tax, who is not competent authority referred to in the first proviso to Sec. 151(1) of the Act. - At the time of hearing, even the records produced by the Department reveal that the ‘Form for recording the reasons for initiating proceeding u/s 148 of the Act’ depicts the satisfaction of the Additional Commissioner of Income-tax and not by any of the authorities specified in the proviso to Sec. 151(1) of the Act which is squarely attracted i .....

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ee : Shri M. Subramanian For the Revenue : Shri Asghar Zain ORDER Per G. S. Pannu, AM The captioned appeal by the assessee is directed against the order of CIT(A)-23, Mumbai dated 30.10.2014, pertaining to the Assessment Year 2006-07, which in turn has arisen from the order passed by the Assessing Officer dated 31.12.2013 under section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (in short the Act ). 2. In this appeal, the first and the foremost issue raised by the assessee is by way of additio .....

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not raised originally but the same involved a pure point of law and goes to the root of the matter and, therefore, they may be admitted for adjudication as additional Grounds of appeal. The ld. DR appearing for the Revenue has not controverted the factual matrix brought out by the learned representative. 4. Ostensibly, in the present case, the assessment order in dispute has been passed by the Assessing Officer by issuance of notice u/s 147/148 of the Act and the challenge before us, by way of .....

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in the business of Developers & Builders. For the assessment year under consideration, it filed a return of income on 30.10.2006 declaring total income at Nil which, inter-alia, included a claim of deduction u/s 80IB(10) of the Act amounting to ₹ 7,74,122/-. The return of income was duly processed u/s 143(1) of the Act and subsequently it was taken up for scrutiny assessment u/s 143(3) of the Act dated 31.12.2008 wherein the returned income was accepted. Accordingly, the deduction cla .....

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ssessee-firm carried out the matter in appeal before the CIT(A), who affirmed the stand of Assessing Officer that the assessee was not eligible for claim of deduction u/s 80IB(10) of the Act. 6. Before us, the assessee-firm had assailed the order of CIT(A) on the merits of the claim as well as on a point of law contending that the proceeding initiated by issuance of notice u/s 148 of the Act was invalid and consequently the impugned assessment is bad in law. Since the latter issue goes to the ro .....

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In this context, it would be relevant to reproduce Sec. 151(1) of the Act which read as under :- In a case where an assessment under sub-section (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Assistant Commissioner or Deputy Commissioner, unless the Joint Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of .....

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