9911796707
TMI Blog2018 (12) TMI 1696X X X X Extracts X X X X X X X X Extracts X X X X ..... 007-08 and 2008-09. 2. In this case, against the orders of the Commissioner of Income Tax (Appeals) [CIT(A)], the assessee filed appeal challenging the validity of assessment made u/s 143(3) r.w.s. 147 for non-communication of reasons for reopening the assessment. The assessee responded to the notice u/s 148 and requested the reasons for reopening of the assessment and the Assessing Officer (AO) failed to communicate the reasons for issue of notice u/s 148. After hearing both the parties, the ITAT quashed the assessment orders framed u/s 147 r.w.s. 143(3) of the Act. While cancelling the assessments made u/s 147 r.w.s. 143(3), the ITAT has considered the decision of Hon'ble Supreme Court in the case of GKN Drive Shafts (India) Ltd. Vs. IT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, the ITAT has considered various judicial precedents and taken a view that non communication of reasons are fatal to the validity of assessment made u/s 147 r.w.s. 143(3) of the Act. Non consideration of other decisions relied upon by the AO would amount to review of the order of the ITAT which is not permissible within the scope of section 254(2) of the Act. In this connection, it is also observed that the revenue has not argued before this Tribunal or brought the decision of S.Narayanappa Vs. CIT (supra) during the appeal hearing. Similarly, the decision of Hon'ble Coordinate Bench of ITAT Delhi in the case of Smt.Gurinder Kaur (supra) was also not brought to the notice of the Bench during the appeal hearing. Therefore, there is no occ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that application of principles laid down by the superior Courts to the facts of the case on erroneous understanding of such principles, recording of an erroneous finding by the Tribunal based on facts on record, formation of a conclusion on erroneous application of provisions of law to the facts of the case, etc cannot be held to be a 'mistake apparent from the record' warranting rectification by the Tribunal in exercise of its power under Section 254(2). By reconsidering the application of principles laid down by superior Courts to the facts of the case or by reconsidering its findings recorded, or by reconsidering the application of the relevant provisions of law to the facts of the case, in a miscellaneous petition under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
