VGA DIGITAL PRINTERS PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 9, PUNE

This is an appeal filed by the assessee directed against the order of ld. Commissioner of Income Tax (Appeals)- 8, Pune [‘the CIT(A)’] dated 27.04.2018 for the assessment year 2004-05.

Briefly, the facts of the case are that the appellant is a private limited company engaged in the business of graphic designing and digital printing. The Return of Income for the assessment year 2004-05 was filed on 01.11.2004 declaring loss of Rs.21,42,692/-. Against the original return of income, the assessment was Assistant Commissioner of Income Tax, Circle- 13, Pune (‘the Assessing Officer’) vide order dated 30.10.2006 passed u/s 143(3) of the Act at loss of Rs.20,67,692/- after making disallowance of Rs.75,000/-. Subsequently, a notice u/s 148 was issued on 17.03.2008, as the Assessing Officer had formed a belief that the income had escaped assessment, as the depreciation was allowed at 100% on the assets taken over by it from its predecessor and claim of bad debts of Rs.11,67,897/- was wrongly allowed in the original assessment. Subsequently, the assessment was completed on 16.12.2008 after disallowing depreciation of Rs.28,06,571/- and bad debts of Rs.11,67,897/-. 3. Being aggrieved by the above assessment order, an appeal was filed before the ld. CIT(A) who vide order dated 12.01.2010 confirmed the additions made by the Assessing Officer. On further appeal before the ITAT, the ITAT vide order dated 29.11.2013 had set-aside the assessment to the file of the Assessing Officer to decide the issues afresh after disposing of the objections raised by the appellant against the reasons recorded by the Assessing Officer for reopening the assessment. 4. Pursuant to the order of the ITAT, the Assessing Officer issued notices requiring the appellant to make the submissions and Assessing Officer. The said objection has been disposed of by the Assessing Officer as set out in para 4.1 to 9 of the assessment order and completed the assessment reiterating the additions made in the re-assessment order. 5. Being aggrieved, an appeal was filed before the ld. CIT(A) challenging that the order passed pursuant to the ITAT order is bad in law, inasmuch as, the Assessing Officer had failed to consider the objection raised by the assessee. The said ground of appeal