ITO, WARD - 3(1), KOLKATA, KOLKATA vs. M/S. CHAMPION PACKAGING INDUSTRIES PVT. LTD., KOLKATA

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ITA 1181/KOL/2017Status: DisposedITAT Kolkata20 December 2017AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the reopening was valid as the order dropping proceedings was not available to the AO at the time of reopening. However, since the revenue did not challenge the CIT(A)'s findings on the merits of the case, which deleted the entire addition, the appeals were dismissed.

What were the facts?

The revenue challenged the CIT(A)'s decision that the reopening of assessment was bad in law. The reopening was based on information from another tax authority, but later proceedings against the assessee were dropped by that authority.

What were the issues?

Whether the reopening of assessment was valid in law, and whether the revenue had challenged the merits of the additions made.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

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

Before: Shri J.Sudhakar Reddy, AM]

order : December 20, 2017 ORDER SHRI J. SUDHAKAR REDDY, AM Both these appeals of revenue are directed against the order of Ld. CIT(A) – 16, Kolkata dated 29.03.2017 for the A.Y. 2007-08 and 2008-09 respectively. As the issues are common, we hear them together and dispose of the same through this common order.

2.

After hearing rival submissions, we find that the revenue has challenged the findings of Ld. CIT(A) that the reopening of assessment is bad in law. The assessments in this case were reopened based on information received from DCIT, Central 22, Bangalore. The Ld. CIT(A) held that the Commissioner of Central Excise, Bangalore-III vide his order 08.12.2015 dropped the proceedings against the assessee and consequently the reopening which was based on such information is bad in law.

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