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Facts
The Assessee challenged an order from the Ld. CIT(A) which dismissed their appeal. The CIT(A) had dismissed the appeal against an assessment order that was passed under Section 143(3) r.w.s. 147 of the Income Tax Act, 1961.
Held
The tribunal found that the Assessee was aggrieved by the reassessment proceedings. The CIT(A) was directed to adjudicate the grounds of appeal challenging the validity of the reassessment proceedings.
Key Issues
Whether the CIT(A) erred in dismissing the appeal without adjudicating the grounds challenging the validity of reassessment proceedings.
Sections Cited
143(3), 147, 148
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, SMC BENCH, MUMBAI
order : 15.07.2024 O R D E R Per Rahul Chaudhary, Judicial Member: 1. By way of the present appeal the Assessee has challenged the order, dated 29/12/2023, passed by the Ld. Commissioner of Income Tax, Appeals ADDL/JCIT (A)-4 Chennai, for the Assessment Year 2012- 13, whereby the Ld. CIT(A) had Dismissed the appeal of the Assessee against the Assessment Order, dated 21/12/2018, passed under Section 143(3) r.w.s. 147 the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).
The Assessee has raised following grounds of appeal in
1. The Honourable CIT(A) erred in dismissing the appeal without Assessment Year 2012-13 providing any opportunity to the appellant.
2. The Ld. AO erred in reopening the Assessment U/s.148. 3. The Honourable CIT(A) is not justified in upholding the order of the Ld. AO passed U/S.143(3) R.W.S.147. 4. The Honourable CIT(A) erred in relying on the order of the Bombay High Court in the case of Garware Nylons Limited, 1995 212 ITR 242. 5. The appellant craves leave to add, alter or amend the above grounds of appeal
as the circumstances may require or occasion may demand.
6. The order of the Honourable CIT(A) and the assessing officer are bad in Law and hence the same are required to be set a side in the interest of justice and equity.
3. We have heard both the sides and perused the material on record.
4. The solitary grievance of the Appellant is that the CIT(A) has declined to adjudicate the grounds raised by the Appellant challenging the validity of reassessment proceedings and dismissed the appeal on the ground that the Appellant cannot be said to be aggrieved by the order, dated 21/12/2018, passed by the Assessing Officer under Section 147 read with 143(3) of the Act as no additions were made to income as assessed during regular scrutiny proceedings controlled under Section 143(3) of the Act. Learned Authorised Representative for the Appellant submitted that the aforesaid grievance shall stand redressed in case the order impugned is set aside with the directions to the CIT(A) to adjudicate the grounds raised by the Appellant challenging the validity of the reassessment proceedings. The Learned Departmental Representative had no objections to the aforesaid preposition. Accordingly, the order dated 21/12/2018, passed by the CIT(A) is set aside and the appeal filed before the CIT(A) is restored with the 2 Assessment Year 2012-13 directions to the CIT(A) to adjudicate the grounds raised by the Appellant challenging the validity of reassessment proceedings. Ground No. 1 raised by the Appellant is allowed while all the other grounds raised by the Appellant are dismissed.
5. In result, the appeal preferred by the Assessee is allowed for statistical purposes.