TMI Blog2021 (7) TMI 1003X X X X Extracts X X X X X X X X Extracts X X X X ..... al pronouncements referred by the ld. counsel and the material on record, we are of the view that reopening made in the case of the assessee in the absence of tangible material after framing assessment u/s. 143(3) of the Act is not justified as per law therefore we quash the assessment holding that the action of the AO of reopening was without jurisdiction.- Decided in favour of assessee. - ITA No. 866/Ahd/2016 (Assessment Year 2009-10) - - - Dated:- 4-6-2021 - Shri Rajpal Yadav, Vice President And Shri Amarjit Singh, Accountant Member Revenue by: Shri L.P. Jain, Sr. D.R. Assessee by: Shri Tushar Hemani, A.R. ORDER PER: AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee s appeal for A.Y. 2009-10, arises from order of the CIT(A)-2, Ahmedabad dated 22-01-2016, in proceedings under section 143(3) r.w.s. 147 of the Income Tax Act, 1961; in short the Act . 2. The assessee has raised following grounds of appeal:- 1. The learned CIT(A) has erred both in law and on the facts of the case in confirming the action of AO in reopening the assessment u/s 147 of the Act. In the facts and circumstances of the case, learned CIT(A) ought to have held that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ses referred by him. Therefore, the Assessing Officer has added the full amount ₹ 57,57,910/- of the R.A. Bill to the total income of the assessee. 4. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has partly allowed the appeal of the assessee after granting relief to the extent of ₹ 2,91,350/- which was already shown by the assessee in the revised return as additional income earned on the R.A. Bill. 5. During the course of appellate proceedings before us, the counsel contended that assessee has already filed revised return of income vide which net profit of ₹ 2,91,350/- on R.A. Bill of ₹ 57,57,910/- was disclosed and during the course of original assessment proceedings, the Assessing Officer has accepted the submission of the assessee and not made any addition in the original assessment order passed u/s. 143(3) of the Act. The ld. counsel has further submitted that the reopening of the assessment was merely on the basis of change of opinion as the same material and facts were already considered by the Assessing Officer while finalizing original assessment u/s. 143(3) of the act. The ld. counsel has also placed reliance on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of audit objection raised by the audit parties and no tangible material was brought on the record for reopening the assessment. During the course of original assessment proceedings in response to notice u/s. 142(1) dated 7th May, 2011 issued by the Assessing Officer, the assessee has responded vide para 4 and 5 of his reply on the issue showing R.A. Bill of ₹ 57,57,910/- in total turnover. The relevant part of the reply of the assessee is discussed as under:- 4. Justify regarding revised return. That assessee has filed original return of income on 29/09/2009 vide ackno. No. 00058 in DCIT Sabarkantha Circle, Himatnagar and declared total income of Rs.₹ 914742/-. As per return figure there is refund due of ₹ 441264/-. For the year under consideration assessee has issued R.A. Bills of ₹ 27756554/- contractee has deducted the JDS an same amount. In view of that the R.A. bills is not final Bills due to inspection by the contractee was pending, the assessee has not shown R.A. Bills amounts of ₹ 5757910/- in total turnover. The said mistake found and the assessee has voluntary filed revised return of income within time period ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 Gandhinagar Co-Op. Milk Produce Ltd. 9589333,00 217294.00 12 Himatnagar Kelvani Mandal 488444.00 11070.00 13 Neesha Leisure Ltd. 356576 00 8080.00 14 Govindbhai Shivrambhai Patel 314768.00 3566.00 Total................................. 27756554.00 626069.00 After perusal of the aforesaid reply of the assessee, it is clear that assessee has duly explained that he has declared net profit of ₹ 2,91,350/- on turnover of ₹ 57,57,910/- which was disclosed in the revised return of income along with reconciliation of TDS. At page no. 26 of the paper book, the assessee has also filed a copy of letter filed before the Assessing Officer during the course of original assessment explaining justification for filing revised return of income. The assessee has explained that ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
