M/S. APARNA ASHRAM,NEW DELHI vs. DDIT (E), NEW DELHI

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ITA 3153/DEL/2014Status: DisposedITAT Delhi06 January 2020AY 1982-833 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the failure of the AO to furnish the reasons for reopening the assessment vitiated the reassessment proceedings. Following the precedent set by the Delhi High Court, the reassessment order was quashed.

What were the facts?

The assessee's appeal pertains to assessment year 1982-83. The primary issue was the non-supply of reasons recorded by the Assessing Officer (AO) for reopening the assessment under Section 148, despite repeated requests from the assessee.

What were the issues?

Whether reassessment proceedings are vitiated due to the non-supply of reasons recorded by the AO for reopening the assessment to the assessee.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, DELHI ‘SMC’ BENCH, NEW DELHI

Before: SHRI H.S. SIDHU

For Appellant: Adv. & Sh. Ankur Shakya, Adv

This appeal by the assessee is preferred against the order of the Ld.

Commissioner of Income Tax [Appeals]-XI, New Delhi dated 20.02.2014 pertaining to assessment year 1982-83.

2.

At the time of hearing, Ld. Counsel for the assessee stated that the issue relating to non-supply of reasons recorded despite requests made by the Assessee is involved in the present appeal which has already been adjudicated and decided in favour of the assessee by the various Courts including the Hon’ble Delhi High Court in the case of Pr. CIT vs. Jagat Talkies Distributors. He has filed the copy of the order of the Hon’ble Delhi High Court in the case of Pr. CIT vs. Jagat Talkies Distributors and requested that the reassessment may be quashed by respectfully following the aforesaid decision of the Hon’ble Delhi High Court.

3.

On the contrary, Ld. DR relied upon the orders of the authorities below.

4.

I have heard both the parties and perused the orders of the authorities below including the decision of the Hon’ble Delhi High Court in the case of Pr. CIT vs. Jagat Talkies Distributors decided in 990, 1000, 1001, 1003 & 21030 of 2015 dated 29.8.2017 reported in (2017) 398 ITR 13 (Del.). I find that the main issue in the present appeal is relating to non-supply of reasons recorded to the assessee in spite of the repeated requests made by the assessee before issue of notice u/s. 148 of the Income Tax Act, 1961 and found that AO has not supplied the copy of the reasons recorded before issue of notice u/s. 148 of the Act to the Assessee, therefore, the issue argued before me is squarely covered by the aforesaid precedent of the Hon’ble Delhi High Court in the case of Pr. CIT vs. Jagat Talkies Distributors decided in ITA No. 916, 990, 1000, 1001, 1003 & 21030 of 2015 dated 29.8.2017 reported in (2017) 398 ITR 13 (Del.) wherein following conclusion has been drawn by the Hon’ble Delhi High Court:-

“On account of failure by the AO to furnish reasons for reopening of the assessment under s. 148 of the Act to the Assessee, the reassessment proceedings stood vitiated in law.”

4.1 Keeping in view of facts and circumstances of the present case as explained above and by respectfully following the aforesaid precedent, the reassessment made is quashed and accordingly, the appeal filed by the assessee is allowed. Since I have already quashed the reassessment order, there is no need to adjudicate the other grounds on merits being academic.

5.

In the result, the Appeal of the Assessee is allowed.

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