TMI Blog2019 (9) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... ening the assessment, we are of the opinion that the reassessments made by the Assessing Officer are to be quashed as null and void. - Decided in favour of assessee. - ITA Nos.2489 & 2490/PUN/2016, C.O. Nos.05 & 06/PUN/2019 (Arising out of ITA Nos.2489 & 2490/PUN/2016) - - - Dated:- 5-9-2019 - Shri D. Karunakara Rao, AM And Shri Vikas Awasthy, JM For the Assessee : Shri Sanket Joshi For the Revenue : Shri N. Ashok Babu ORDER PER D. KARUNAKARA RAO, AM: There are four appeals under consideration involving the assessment years 2003-04 and 2004-05. The appeals (2 appeals) in ITA Nos.2489 2490/PUN/2016 are filed by the Revenue against the two separate orders of CIT(A)-1, Nashik commonly dated 23.08.2016 for the As ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. I wish to state that after my marriage, I travelled out of India and returned back to India only on 15.01.2019. I hereby state that immediately on returned to India, I travelled to Pune for attending hearings before Hon ble ITAT Pune from 16.01.2019 to 29.01.2019. I further wish to state that on returning back to Nashik Office on 30.01.2019,1 noticed that the cross objections against the Form No.36 filed by the Dept. in the case of M/s. Shriram Petroleum Industries had remained to be filed before Hon ble ITAT Pune. I hereby state that thereafter, the Cross Objections in Form No.36A were drafted by me on a priority basis and the same were sent to the partner of M/s. Shriram Petroleum Industries at Nandurbar for obtaining signatures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee first, in the following paragraphs. C.O. Nos.05 06/PUN/2019 By Assessee 4. In the cross objections, the assessee raised a legal objection/ground relating to the un-sustainability of the additions when the Assessing Officer failed to make any addition on account of reasons recorded by the Assessing Officer while reopening the completed assessment and while assuming the jurisdiction u/s 147/148 of the Act. In this regard, ld. Counsel brought our attention to the reasons and mentioned that the issue for which the assessments reopened relates to the suppression of the sales of ₹ 2,01,39,410/-. 5. We proceed to extracted the relevant reasons mentioned by the Assessing Officer in the assessment order and the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have escaped assessment, was not in fact escaped income; he has no jurisdiction to reassess other items of income In such a situation, Expln. 3 to s. 147 does not come to the reserve of AO. 10. Considering the above settled nature of the issue and undisputed fact that the Assessing Officer did not make any addition on account of reasons recorded by him while reopening the assessment, we are of the opinion that the reassessments made by the Assessing Officer are to be quashed as null and void. 11. In the result, both the Cross Objections of the assessee for both the assessment years are allowed on technical grounds. ITA Nos.2489 2490/PUN/2016 By Revenue 12. Considering the relief granted to the assessee in cross obj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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