VANDANA AGARWAL,KOLKATA vs. ITO, WARD - 50(3), KOLKATA, KOLKATA

PDF · subscribers
ITA 959/KOL/2018Status: DisposedITAT Kolkata24 October 2018AY 2008-092 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 found that the reasons for re-opening were recorded beyond the period of six years from the end of the relevant assessment year. Therefore, the re-opening of the assessment was barred by limitation.

What were the facts?

The assessment year under consideration is 2008-09. The Assessing Officer initiated re-opening proceedings for the assessment.

What were the issues?

Whether the re-opening of assessment was validly initiated within the prescribed time limit.

Which sections of the Income-tax Act were involved?

Section 147,Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA

Before: Sri J. Sudhakar Reddy]

Appearances by: Shri V.K. Jain, A/R, appeared on behalf of the assessee. Shri C.J. Singh, Addl. CIT, appearing on behalf of the Revenue. Date of concluding the hearing : October 10th, 2018 Date of pronouncing the order : October 24th , 2018 O R D E R Per J. Sudhakar Reddy :-

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals)-15, Kolkata (hereinafter the ‘ld. CIT (A)’), passed u/s 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 08/03/2018, for the Assessment Year 2008-09.

2.

Heard rival contentions. On careful consideration of the facts and circumstances of the case, perusal of the papers on record, orders of the authorities below as well as case law cited, I hold as follows:- 2.1. It transpires from the record that the assessment in question pertains to the Assessment Year 2008-09. Copy of the notice for re-opening is placed at page no.

3. A perusal of the reasons for re-opening demonstrates that he Assessing Officer signed the same on 16/04/2015, though the date recorded on the top left corner is 18/03/2015. Hence, it is clear that the reasons for re-opening were recorded on 16/04/2015 and not on 18/03/2015. Re-opening of assessment cannot be done without recording reasons. When

Assessment Year: 2008-09 Vandana Agarwal the reasons themselves were recorded beyond the period of six years, the re-opening of assessment is barred by limitation. On this ground alone the re-opening of the assessment is quashed.

3.

In the result, appeal of the assessee is allowed.

Kolkata, the 24th day of October, 2018. Sd/- [J. Sudhakar Reddy] Accountant Member Dated :24.10.2018 {SC SPS} Copy of the order forwarded to: 1. Vandana Agarwal C/o. RSVPC & Company 41A, AJC Bose Road Suite No. 613 6th Floor Kolkata – 700 017

2. Income Tax Officer, Ward-50(3), Kolkata

3. CIT(A)- 4. CIT- , 5. CIT(DR), Kolkata Benches, Kolkata.

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →