OM PRAAKSH SINGH,RANCHI vs. DCIT, CIRCLE-1, RANCHI

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ITA 361/RAN/2018Status: DisposedITAT Ranchi10 September 2020AY 2009-1012 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that reopening the assessment beyond four years without an allegation of failure to disclose material facts is bad in law. Therefore, the reassessment proceedings are quashed.

What were the facts?

The assessee's assessment for AY 2009-10 was reopened under Section 147/148 of the Income Tax Act after more than four years from the end of the relevant assessment year. The Assessing Officer's reasons for reopening did not allege any failure by the assessee to disclose material facts. The CIT(A) dismissed the assessee's appeal on a technical ground.

What were the issues?

Whether reopening of assessment beyond four years is valid when there is no allegation of failure to disclose material facts. Validity of reassessment proceedings initiated after the statutory time limit.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148

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Income Tax Appellate Tribunal, RANCHI ‘E-COURT’AT KOLKATA

Before: Shri S.S, Godara, JM & Dr. A.L. Saini, AM

For Appellant: Shri Manjit Verma, A/R
For Respondent: Shri A. K. Mohanti, JCIT, Sr. DR
Hearing: 22/07/2020Pronounced: 10/09/2020

आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. अपीलाथ�/Appellant-Om Prakash Singh 2. ��यथ�/Respondent- DCIT, Circle-1, Ranchi 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त- अपील / CIT (A) 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण / DR, ITAT, 6. गाड� फाइल / Guard file.

Om Prakash Singh Assessment Year: 2009-10

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