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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Chandra Poojari, AM & Shri George George K, JM
This appeal at the instance of the Revenue is directed against CIT(A)’s order dated 07.06.2017. The relevant assessment year is 2009-2010. The order of the CIT(A) arises out of the order of the Assessing Officer (dated 26.03.2015) passed u/s 143(3) r.w.s. 147 of the I.T.Act.
In the impugned order both issues, namely, (i) reopening of assessment is invalid, and (ii) on merits, were decided in favour of the assessee by the CIT(A). However, we notice in the grounds raised by the Revenue before the ITAT, only grounds relating to the merits have been raised. We had given adequate opportunity to the Department to correct the grounds. This case has been adjourned from February 2018
2 M/s.V Guard Industries Limited. for correction of the grounds by the Revenue. We find that the Revenue has not corrected its grounds of appeal. Since there is no grounds challenging the decision of the CIT(A) for holding that the reassessment is bad in law, no purpose would be served by deciding this appeal of the Department on merits alone. Accordingly, this appeal of the Revenue is dismissed, in limine.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced on this 02nd day of December, 2019.