MR. VINOD KUMAR P JAIN,BANGALORE vs. INCOME TAX OFFICER WARD-5(2)(2), BANGALORE

The assessee has raised as many as 8 grounds. One of the grievances is regarding validity of reassessment proceedings u/s 147. Apart from this, the grievance on merit is about addition of Rs. 393,801/- on the basis of Statement of Mr. Mukesh Choksi without allowing his cross examination and the next grievance is about interest charged u/s 234A to 234C.

Learned AR of the assessee submitted that the issue about validity of reassessment proceedings u/s 147 was raised before CIT (A) also but he has not decided the same and therefore, the matter should go back to his file for deciding this aspect and then to decide the issue on merit afresh. Learned DR of the revenue supported the orders of the authorities below.

I have considered the rival submissions. I find that in fact, the issue about validity of reassessment proceedings u/s 147 was raised by the assessee before CIT (A) also but he has not decided the same and therefore, the matter has to go back to his file for deciding this aspect and then to decide the issue on merit afresh. I order accordingly. In view of this, no adjudication is called for on merit at the present stage because the issue on merit should be decided after decision on technical aspect.

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