TMI Blog2019 (4) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... ing with the assessment by passing a speaking order and even the Ld. CIT(A) has co-terminus with the powers of AO, which have not been exercised by them, therefore, the reassessment under section 147 cannot be sustained - Decided in favour of assessee. - I.T.A.No. 300/Del/2018 - - - Dated:- 11-2-2019 - Shri H.S. Sidhu, Judicial Member For the Assessee : Sh. A.K. Srivastava, CA For the Department : Shri SL Anuragi, Sr. DR ORDER This appeal by the Assessee is directed against the Order dated 06.10.2017 of the Ld. CIT(A)-2, New Delhi pertaining to assessment year 1997-98 on the following grounds:- 1. That the Hon'ble ITAT having restored the issue of admission of Additional Grounds of Appeal to the Learned Commiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeals) erred in holding that the granting of satisfaction by the Commissioner of income Tax instead of by the Joint Commissioner of Income Tax, is valid sanction for reopening. 3.1 That the Learned Commissioner of Income Tax (Appeals) erred in not following the judgments of the jurisdictional High Court on the issue relied upon by the Appellant. 4. That the observations of the Learned Commissioner of Income Tax (Appeals) that details in connection with other grounds of appeal were not furnished, is contrary to the facts. The appellant had furnished the information called for. 5. That on the facts and circumstances of the case and in law, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is in appeal before the Tribunal. 3. During the hearing, learned A.R. of the assessee stated that the Hon'ble ITAT having restored the issue of admission of Additional Grounds of Appeal to the Learned Commissioner of Income Tax (Appeals) with direction to admit the same and decide them on merits, the observations of the learned Commissioner of Income Tax (Appeals) in para 4.4.2 that Even during the present appellate proceedings, no reasons have been given by the Appellant for not raising this ground at the time of filing of the appeal. He however, admitted the additional ground but not decided the same in accordance with law. He further submitted that Learned Commissioner of Income Tax (Appeals) erred in holding that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxmann.com 84 (SC) dated 18.5.2018. - Yogendrakumar Gupta vs. ITO 51 taxmann.com 383 - Raymond Woolen Mills Ltd. vs. ITO and others 236 ITR 34 5. I have heard both the parties and perused the records especially the orders of the authorities below. We note that originally the assessment was completed on 14.03.2015 against which the assessee filed the appeal before the Ld. CIT(A), who vide his impugned order has dismissed the appeal exparte as none attended the proceedings and against the said action of the Ld. CIT(A), assessee further appealed before the Tribunal and the Tribunal vide its order dated 11.7.2018 in ITA No. 2142/2006 has set aside the appeal to the file of the Ld. CIT(A) for admitting the following additional ground ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of GKN Driveshafts vs ITO reported in 259 ITR 19 has observed as under:- 19. Apart from the aforesaid fact, in case of GKN Drioeshafts (India) Ltd. (supra), the Supreme Court has clearly laid down the law that the Assessing Officer is bound to disclose the reason of reassessment within reasonable time and on receipt of the reasons, the assessee is entitled to raise objection and if any such objection is filed, the same must be disposed of by a speaking order before proceeding to reassess in terms of the notice earlier given. 20. In the case before us, in spite of repeated reminders by the assessee even pointing out the above law laid down by the Supreme Court, the Assessing Officer failed to dispose of the said objections ..... X X X X Extracts X X X X X X X X Extracts X X X X
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