Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO
सुनवाई की तायीख / Date of Hearing : 09.02.2017 घोषणा की तायीख /Date of Pronouncement : 31.03.2017 आदेश / O R D E R
PER D. KARUNAKARA RAO, AM:
This appeal filed by the assessee on 14.9.2016 is against the order of the CIT (A)-29, Mumbai dated 24.6.2016 for the assessment year 2008-2009.
Before me, none appeared to represent the case of the assessee. Therefore, considering the issues involved, I proceed to adjudicate the appeal with the help of the Ld DR for the Revenue in the following paras of this order. 3. In this appeal, assessee raised eight grounds in toto. At the outset, Ld DR for the Revenue brought my attention to Ground no.1 and mentioned that the legal issue in the said ground requires attention of the Bench. On going through the Ground nos. 1, 2 and 3, I find that the assessee is aggrieved on the issue of „principles of natural justice‟ in matters of not disposing of the objections of the assessee as well as for non-granting of reasonable opportunity of being heard in the re-assessment proceedings u/s 147 of the Act. In this regard, assessee relied on the judgment of the Hon‟ble Supreme Court in the case of GKN Driveshafts (India) Ltd vs. Income Tax Officer and Others 259 ITR 19 (SC). Ld DR relied on the orders of the Revenue Authorities. 4. I have heard the Ld DR for the Revenue and perused the orders of the Revenue Authorities as well as the relevant material placed before the Tribunal.
After hearing both the parties, without going into the merits as well as the reasons recorded by the AO for reopening the concluded assessment, I find, this is a case of non-disposing of the objections of the assessee which were filed opposing the AO‟s attempt to re-open the completed assessment u/s 143(3) r.w.s 147 of the Act. In my view, Grounds no. 1 to 4 raised by the assessee are reasonable and they should be allowed. Accordingly I order. Regarding the other grounds raised by the assessee (grounds no. 5 to 8), I am of the opinion these grounds should be set aside to the file of the AO for fresh adjudication after applying the guidelines specified in the said judgment of the Hon‟ble Supreme Court in the case of GKN Driveshaft (supra). AO shall grant a reasonable opportunity of being heard to the assessee. Accordingly, grounds no. 1 to 4 raised by the assessee are allowed. Grounds no. 5 to 8 are allowed for statistical purposes.
5. In the result, appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open court on 31st March, 2017.