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Income Tax Appellate Tribunal, ‘D’ BENCH: CHENNAI
Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN
: Mr.V.Narendra Kumar, Adv. अपीलाथ' क* ओर से/ Appellant by : Mrs.Sumathi Venkataraman, ()यथ' क* ओर से /Respondent by JCIT : 21.05.2018 सुनवाई क* तार�ख/Date of Hearing घोषणा क* तार�ख / : 21.05.2018 Date of Pronouncement आदेश / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER:
These appeals are filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-5 in & ITA No.107/CIT(A)-5/14-15 dated 19.12.2016 for the Assessment Years 2008-09 & 2009-10 respectively.
& 423/Chny/2017 :- 2 -:
Shri Madanlal Bansal, the assessee filed his returns of income for the Assessment Years 2008-09 & 2009-10 on 14.08.2008 & 30.07.2009 admitting a total income of Rs.2,46,620/- & Rs.3,16,070/- respectively. Subsequently, these assessments were re-opened u/s.148 and the AO completed the assessments u/s.143(3) r.w.s.147 on 19.03.2014 determining the total income at Rs.6,98,280/- and Rs.6,15,950/- respectively.
Aggrieved, against these orders the assessee filed appeals before the Ld.CIT(A) and the Ld.CIT(A) had dismissed them. Against the orders of the Ld.CIT(A), the assessee filed these appeals.
At the time of hearing, the Ld.AR invited our attention to the additional grounds of appeals filed for both the Assessment Years pleading that the AO is not correct in passing the orders of assessments u/s.143(3) r.w.s.147 for both the Assessment Years, without passing the orders, disposing the objections to the re-opening raised by the assessee.
We heard the rival submissions.
We find merits in the plea raised by the Ld.AR. As per the principles laid by the Hon’ble Apex Court in the case of M/s.GKN Driveshafts (India) Ltd’s case (2003) 259 ITR 19, on receipt of the preliminary objections from the & 423/Chny/2017 :- 3 -:
assessee to issuance of notice u/s.148, the AO is mandated to dispose of such preliminary objections by passing Speaking Order before proceeding with the assessments in respect of the Assessment Years, for which, such notice has been issued. Since preliminary objections of the assessee have not been disposed for both these Assessment Years, the AO is directed to pass a Speaking Order on the preliminary objections of the assessee and then proceed in accordance with the ratio laid by the Hon’ble Apex Court in the case cited supra. Thus, both the appeals are restored to the AO for making due compliance in accordance with the Hon’ble Apex Court ratio.
In the result, the appeals filed by the assessee in & 423/Chny/2017 are partly allowed for statistical purposes.
Order pronounced in the Open Court on May 21, 2018, at Chennai.