TMI Blog2022 (10) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... sequently, as compelled to hold that the AO did not have valid jurisdiction to initiate reassessment proceedings and to issue notice u/s 148 of the Act to the assessee. Therefore, notice issued u/s 148 of the Act, reassessment proceedings and the impugned reassessment order are bad in law. Accordingly, the same are quashed and the consequent reassessment order made u/s 147 r.w. section 143(3) of the Act is annulled and the appeal of the assessee is allowed. - ITA No. 5436/Del/2019 - - - Dated:- 29-9-2022 - SHRI C. M. GARG , JUDICIAL MEMBER Assessee by : None Revenue by : Shri Anuj Garg , Sr. DR ORDER This appeal filed by the assessee is directed against the order dated 06.05.2019 of the CIT(A), Meerut, relating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntended therein that the order sheet has not been signed on the date of recording of reasons meaning thereby that the order sheets before 27.03.2017 dated 07.07.2017 has not been signed. Reliance has been placed on the order of the ITAT in the case of Shri Pinnamaraju Venkatapathi Raju vs. JCIT (supra). 5. Replying to the above, the ld. Sr. DR strongly supported the validity of the assessment proceedings as well as assessment order dated 20.07.2017 passed u/s 143(3)/147 of the Act. However, in all fairness, the ld. Sr. DR submitted relevant assessment record and copies of the order sheet from 27.03.2017 to 07.07.2017 and informed the Bench that the ITO has not signed these order sheets which includes recording of reasons and issuance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act, the A.O. is bound to record the reasons for issue of such notice. For ready reference, we reproduce hereunder section 148 of the Act: Section 148 [Issue of notice where income has escaped assessment. 148 [(1)] Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice.] [Explanation -- For the removal of doubts, it is hereby declared that nothing contained in the first proviso or the second proviso shall apply to any return which has been furnished on or after the 1st day of October, 2005 in response to a notice served under this section. [(2) The Assessing Officer shall, before issuing any notice under this section record his reasons for doing so.] 6. In the instant case, on verification of the assessment record, it is noticed that the A.O. typed the reasons but not signed the order sheet, thus there are no reasons recorded for reopening of assessment as required u/s 148 of the Act. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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