MANEED SERVICE CO-OP BANK LTD,ERNAKULAM vs. THE ITO, THODUPUZHA
What did the Tribunal hold?
The Tribunal held that the CIT(A) had not adjudicated the crucial issue of the validity of the reopening of assessment. Therefore, the case was restored to the CIT(A) for fresh consideration of all issues.
What were the facts?
The assessee's appeal was against the CIT(A)'s order for AY 2011-12. The assessee contended that the reopening of assessment was invalid as the 'reasons to believe' were not communicated. The CIT(A) had not adjudicated this ground.
What were the issues?
Whether the reopening of assessment was valid due to non-communication of reasons to believe. Whether the denial of deduction u/s 80P was justified.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
This appeal at the instance of the assessee is directed against the order of the CIT(A), Kochi-2 dated 18/12/2019. The relevant assessment year is 2011-12.
Two issues are raised in these appeals:
1) Whether the re-opening of the assessment is valid.
2) Whether the CIT(A) is justified in confirming the Assessing Officer’s action in denying the benefit of deduction u/s. 80P of the I.T. Act.
. 3. At the outset, we notice that the assessee has raised following ground before the CIT(A):
“The assessing officer ought to have communicated the ‘reasons to believe’ recorded by the assessing officer for initiating proceedings under section 147. However, it was not done before completion of the assessment though it was requested by the appellant and hence the assessment order is liable to be quashed.”
The above ground goes to the root of the matter. We notice that the CIT(A) has not adjudicated the same. Therefore, in the interest of justice and equity, we are of the view that the entire issue raised in this appeal needs to be considered afresh by the CIT(A). For the above purpose, the case is restored to the file of the CIT(A). The assessee shall co-operate and shall furnish the necessary details called for by the CIT(A). Further, the assessee shall not seek unnecessary adjudication. It is ordered accordingly.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- Dillip Kumar Behera vs. The Assistant Commissioner Of State Tax, Mayurbhanj CircleOrissa · 15 Oct 2026
- M/S. Kalinga Paper Mart, Sundergarh vs. Commissioner Of CT And GST, CuttackOrissa · 15 Oct 2026
- Kabita Nayak vs. Chief Commissioner, CGST, Central Excise And Customs, KhurdaOrissa · 15 Oct 2026
- Swastika Ingot PVT.LTD, Sundargarh vs. The Addl Commissioner, GST And Central Excise, BhubaneswarOrissa · 15 Oct 2026
- M/S Basudev Logistics, Jagatsinghpur vs. Principal Commissioner, CGST And Central Excise, BhubaneswarOrissa · 15 Oct 2026