ACIT, BHUBANESWAR vs. KALINGA INSTITUTE OF INDUSTRIAL TECHNOLOGY (KIIT), BHUBANESWAR

ITA 108/CTK/2014Status: DisposedITAT Cuttack31 August 2017AY 2004-058 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the reassessment proceedings were not validly conducted as the Assessing Officer failed to dispose of the assessee's objections to the reopening with a speaking order. Therefore, the matter was remitted back to the AO for proper adjudication.

What were the facts?

The Assessing Officer (AO) reopened the assessment proceedings under Section 147 of the Income Tax Act. The assessee objected to the reopening, arguing that the AO had not disposed of these objections properly before passing the assessment order. The Tribunal noted that the AO's order did not adequately address the assessee's objections regarding the validity of the reassessment.

What were the issues?

Whether the reassessment proceedings initiated under Section 147 are valid when the Assessing Officer fails to dispose of the assessee's objections to the reopening. Whether the AO properly considered the objections raised by the assessee before passing the reassessment order.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 153A

AI-generated summary — verify with the full judgment below

आयकर अपील"य अ"धकरण, कटक "यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI N.S.SAINI, AM & SHRI PAVAN KUMAR GADALE, JM आयकर अपील सं./ITA No.266, 162&217/CTK/2014 ("नधा"रण वष" / Assessment Year :2006-07&2005-06)

Circle-2(2), Technology (KIIT), Plot No.383, Bhubaneswar, Odisha 384, KIIT Campus-1, Patia, Bhubaneswar-751024, Odisha "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATK 3103 C (अपीलाथ" /Appellant) (""यथ" / Respondent) .. AND आयकर अपील सं./ITA No.108&294/CTK/2014 ("नधा"रण वष" / Assessment Year : 2004-05&2006-07) ACIT, Circle-2(2), Vs. Kalinga Institute of Industrial Bhubaneswar, Odisha Technology (KIIT), Plot No.383, 384, KIIT Campus-1, Patia, Bhubaneswar-751024, Odisha "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATK 3103 C (अपीलाथ" /Appellant) (""यथ" / Respondent) .. AND Cross Objection No.27&42/CTK/2014 ("नधा"रण वष" / Assessment Year :2004-05 & 2006-07)

Circle-2(2), Technology (KIIT), Plot No.383, Bhubaneswar, Odisha 384, KIIT Campus-1, Patia, Bhubaneswar-751024, Odisha "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATK 3103 C (अपीलाथ" /Appellant) (""यथ" / Respondent)

The order continues below.

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