9911796707
TMI Blog2017 (9) TMI 1988X X X X Extracts X X X X X X X X Extracts X X X X ..... e ITAT order 'B' Bench in ITA Nos. 1070 to 1073/Hyd/2016 for the Assessment Years 2001-2002 to 2004-05, Dt: 17.02.2017 and therefore the reopening of the assessment is invalid and barred by limitation." 2. Facts necessary for the disposal of the appeal are stated in brief. The assessee is a civil contractor. For the year under consideration it declared taxable income of Rs. 13,95,700/- and agricultural income of Rs. 8,67,465/-. Though the assessment was completed u/s 143(3) of the Act, it was reopened on the ground that the assessee is entitled to receive certain interest which can be said to accrue in this year and the same having not been offered to tax, notice u/s 148 was issued on 25.03.2011. In the Assessment Order, the A.O. clearly m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bench and hence reopening of assessment is not in accordance with law. It was also stated that the Assessing Officer sought to reopen assessment on an incorrect interpretation of the order of the ITAT, overlooking the fact that the direction by the ITAT in the appeal for the A.Y. 2006-07 was only to tax 1/6th portion in that year and there was no direction to tax the balance amount in the AYs 2001-02 to 2005-06. 4. Vide para 4 of the Assessment Order, the A.O. observed that the ITAT has categorically given a finding that only 1/6th portion is assessable in the A.Y. 2006-07 which implies that the balance is assessable in the five preceding assessment years. In other words, the ITAT has given a finding that the balance amount is assessab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the A.Y. 2005-06 also the reopening of the assessment by invoking the provisions of section 150(1) is bad in law inasmuch as the Tribunal has not and could not have given a direction in respect of the earlier years and thus directly relied upon the order passed by the Tribunal. 7. On the other hand, Ld DR submitted that the observations of the Tribunal, while disposing of the appeal for the assessment year 2006-07, would amount to 'finding' and hence the A.O. was justified in reopening the assessment on the strength of that finding. He thus strongly relied upon the order passed by the Assessing Officer. 8. I have carefully considered the rival submissions and perused the record. It is noticed that proceedings for reopening of assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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