PG FOILS LIMITED,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 3(1)(1), AHMEDABAD, AHMEDABAD

We have heard the rival submissions and perused the material available on record. We find that the assessee has challenged both the validity of reopening of assessment and the additions/disallowances made by the Assessing Officer. The assessee has also raised specific grounds regarding the applicability of the proviso to section 147, change of opinion, approval for reopening, excise duty provision, MAT credit and non-grant of TDS credit.

We find Ld. CIT(A), who dismissed the appeal of the assessee by observing as follows:

From the impugned appellate order, it is found that the issues raised by the assessee have not been adjudicated in a comprehensive and reasoned manner. In particular, the grounds relating to the validity of reopening, the applicability of the proviso to section 147 of the Act, Asst. Year : 2013-14 - 3– the alleged change of opinion, the objections raised by the assessee, and the validity of the approval granted by the competent authority require proper examination on the basis of the assessment records and the material available on record.

In the interest of justice, we deem it appropriate to restore the matter to his file of Ld. CIT(A) for fresh adjudication of all the grounds raised by the assessee, in accordance with law, after providing reasonable opportunity of being heard to the assessee. The assessee is directed to submit all relevant bank statements, documents and explanations before the Ld. CIT(A) and to strictly comply with the notices issued by the revenue authorities without seeking any unnecessary adjournments.

In the result, the appeal filed by the assessee is allowed for statistical purposes.

""थ" / The Respondent. 3. संबंिधत आयकर आयु" / Concerned CIT 4. आयकर आयु"(अपील) / The CIT(A)- 5. िवभागीय "ितिनिध, आयकर अपीलीय अिधकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड" फाईल / Guard file.