TMI Blog2020 (11) TMI 98X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessee being a Nationalized Bank, does not stand to gain by not raising such a plea, especially when they have got a large team of Legal Experts and Chartered Accountants advising them in these matters. Therefore, the validity of the reopening needs to be considered by the Tribunal on merits and in accordance with law - matter is remanded to the Tribunal to decide the validity of the reopening proceedings. - T.C.A. Nos. 478 & 479 of 2019 - - - Dated:- 13-10-2020 - THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM And THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN For the Appellant : Mr.Vikram Vijayaraghavan [ in both T. C. As ] For the Respondent : Mr.T.Ravikumar Senior Standing counsel [ in both T. C. As ] JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment, raising certain grounds. The Assessing Officer completed the assessment under Section 143(3) read with Section 147 of the Act by order dated 22.12.1998. The assessee preferred the appeal before the Commissioner of Income Tax (Appeals) V, Chennai ['CIT(A) for brevity]. The CIT(A) has recorded a finding that the contention, which was raised by the assessee before him that the Assessing Officer has done a roving enquiry by re-examining the facts already in record, was not raised before the Assessing Officer at the first instance in response to notice under Section 148. Accordingly, the CIT(A) did not decide the validity of the reopening proceedings. Before the Tribunal, the first ground raised by the assessee is on the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , this ground of appeal of the assessee is dismissed for both the years under consideration. 5. The finding of the Tribunal in respect of the second ground is as follows: 14. After hearing the rival submissions, we find that the learned Authorised Representative has not controverted the findings of the learned Commissioner of Income Tax (A) that this ground does not arise out of the order of reassessment of the learned Assessing Officer. Therefore, the ground of appeal of the assessee is dismissed. 6. A bare reading of the above shows that the Tribunal has not given any independent reasons as to why the grounds canvassed by the assessee before the Tribunal does not merit consideration. The Tribunal is required to record re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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