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SHRI AMIT JAIN Versus ITO WARD-1 RISHIKESH

Reopening of assessment - reasons the believe - Held that:- AO is bound to furnish the reasons recorded for initiation of proceedings under section 147 of the Act within a reasonable period of time so that the assessee could file its objections thereto and the AO was to dispose of the same by passing a speaking order thereon, which the AO has not done. As also noted that even as per the rules of natural justice, the assessee is entitled to know the reasons on the basis of which the AO has formed .....

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me is quashed. - Decided in favour of assessee - ITA No. 6650/Del/2015 - Dated:- 2-9-2016 - SHRI H.S. SIDHU, JUDICIAL MEMBER For The Assessee : Sh. Suriya Kishan Juneja CA For The Department : Sh. FR Meena, Sr. DR ORDER PER H.S. SIDHU, JM The Assessee has filed the Appeal against the impugned Order dated 12.10.2015 passed by the Ld. CIT(A), Dehradun relevant to assessment year 2005-06. 2. The grounds raised by the Assessee read as under:- 1. That in facts and circumstance of the case, the Learne .....

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er Tobacco Products. 3. That in facts and circumstances of the case, framing of the assessment by the ITO without furnishing the reasons for reopening the assessment is not sustainable in law when the appellant has duly asked to furnish the reasons, ignoring the same is arbitrary and illegal. 4. That in facts and circumstances of the case, the assessee receive the amounts from close friends after withdrawing from the Bank accounts during the A.Y. 2004 - 05 for the construction of the Building, a .....

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mitted to add or delete any grounds of appeal. 3. The brief facts of the case are that the assessee is deriving income from business of civil construction work. The return of income for A.Y. 2005-06 was filed on 16.03.2006 declaring taxable income of ₹ 1,34,120/- and the same was processed u/s 143(1) of I.T. Act, 1961 on 21.03.2006 resulting a refund ₹ 240/-. During the course of assessment proceeding for A.Y.2004-05 which was completed on 02.12.2011, the assessee has filed an affida .....

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on perusal of ITR of the assessee for A.Y.2005-06 shows that the assessee did not declared any investment in construction of building, than the proceedings uls 147 of the I.T.Act have been initiated with the prior approval of joint commissioner of Income Tax, Hardwar Range, Hardwar, and notice u/s 148 dated 19.03.2012 was issued and served upon the assessee. The incumbency has changed and notice uls 142(1) along with a letter dated 14.08.2012 issued to the assessee which was duly served to the a .....

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g the same, the AO assessed the income of the assessee at ₹ 16,74,120/- by making various addition totaling to ₹ 15,40,000/- vide his order dated 20.3.2013 and passed the assessment order u/s. 147/143(3) of the I.T. Act, 1961. 4. Against the Order of the Ld. AO, assessee appealed before the Ld. CIT(A), who vide impugned order dated 12.10.2015 has partly allowed the the appeal of the assesseee. 5. Aggrieved with the aforesaid order of the Ld. CIT(A), Assessee is in Appeal before the T .....

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tice u/s. 148. He submitted that it was also stated in the reply that the copy of record and document and reason for opening of the case u/s. 148 be supplied. He stated that ITO concerned continued with the assessment proceedings without supply any record for reopening the case and / or reason for reopening the case. He stated that since the AO had not complied with the mandatory provisions, therefore, assessment order passed u/s. 147/143(3) dated 20.3.2013 was void abinitio as laid down by the .....

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he requested that by following the decision of the Hon ble Apex Court, as aforesaid, the reassessment may be quashed being bad in law. 6.1 Ld. Counsel of the assessee further stated Learned CIT(A) has erred wrongly in applying the provisions of 292BB in the A.Y. 2005-06 though as per the ITAT, Delhi Special Bench Judgment in the case of Kuber Tobacco Products the provisions of section 292BB is not retrospective but are applicable only from the A.Y. 2008-09. Hence, on this account also both the a .....

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e reply dated 27.8.2012 of the assessee in response to the notice issued u/s. 148 of the I .T. Act, 1961 dated 19.3.2012 submitted before the Assessing Officer. 8.1 In response to the notice dated 19.3.2012, assessee filed his reply dated 27.8.2012 in Hindi Language, the English version thereof is as under:- Sewa Mai The Income Tax Officer, Ward-1, Rishikesh. Subject: Letter Aayakar Adhikari/Ward 1/RSK/148/2012-13/14.08.2012 Dear Sir, In reference to the letter regarding Income Tax return dated .....

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e further reproducing the relevant portion of para 20 of the impugned order passed by the Ld. CIT(A) wherein the Ld. CIT(A) has categorically mentioned that the reasons recorded for reopening of the case were not supplied to the Assessee. ……….Thus, it is quite clear that the Assessing Officer did not supply the assessee with the copy of the reasons on the basis of which the case was reopened. On the face of it, the case of the assessee would seem to be covered by the judgmen .....

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tion of assessment/re-assessment without furnishing the reasons recorded by the AO for initiation of proceedings under section 147/148 of the Act is not sustainable in law as it is incumbent on the AO to supply them within reasonable time. I note that on the anvil of this judgment, on the request of the Assessee, the AO is bound to furnish the reasons recorded for initiation of proceedings under section 147 of the Act within a reasonable period of time so that the assessee could file its objecti .....

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