JGS FINVEST SERVICES P.LTD,MUMBAI vs. ITO 8(2)(1), MUMBAI

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ITA 976/MUM/2016Status: DisposedITAT Mumbai17 September 2019AY 2010-117 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 assessment order must be passed by the same Assessing Officer who recorded the reasons for reopening the assessment. Following a Gujarat High Court decision, the assessment was deemed invalid due to this procedural defect.

What were the facts?

The assessee's case was reopened under Section 147, with reasons recorded by one Income Tax Officer. However, the assessment order was passed by a different Income Tax Officer. The assessee challenged the validity of the reassessment proceedings on this ground.

What were the issues?

Whether reassessment proceedings are invalid if the assessment order is passed by an officer different from the one who recorded the reasons for reopening.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “F”, MUMBAI

Before: SHRI RAJESH KUMAR & SHRI RAM LAL NEGI

For Appellant: Shri Shreyash Shah, Shri Kunal Shah, ARs
For Respondent: Shri Rajeev Gubgotra, DR

आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. आयकर आयु�त(अपील) / The CIT(A), Mumbai 4. आयकर आयु�त / CIT, Mumbai 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, मुंबई / DR, ITAT, Mumbai 6. गाड� फाईल / Guard file

आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy//

उप/सहायक पंजीकार (Dy./Asst. Registrar) आयकर अपील�य अ�धकरण, मुंबई / ITAT, Mumbai

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