SRI BIKRAMJIT PAUL,UTTAR DINAJPUR vs. DCIT, CIR-II, JALPAIGURI, JALPAIGURI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that failure to furnish the reasons for reopening the assessment to the assessee, despite a specific request, vitiates the reopening. Consequently, the reassessment order cannot be upheld.
What were the facts?
The assessee requested the reasons for reopening the assessment from the Assessing Officer but did not receive them. The assessment was reopened under Section 148 read with Section 143(3).
What were the issues?
Whether the non-furnishing of reasons for reopening of assessment, upon specific request by the assessee, invalidates the reassessment proceedings.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. Videsh Sanchar Nigam Ltd.110 citing340 ITR 66 · 2012 · HC
- ITO v. Smt. Gurinder Kaur54 citing102 ITD 189 · 2006 · ITAT
- Tata International Ltd. v. Dy. CIT11 citing52 SOT 465 · 2012 · ITAT
Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: Shri J. Sudhakar Reddy
This appeal filed by the assessee is directed against the orders of ld. Commissioner of Income Tax (Appeals), Jalpaiguri dated 05.05.2016 for the assessment year 2010-11.
The undisputed fact in this appeal is that the assessee has not received the copy of the reasons recorded for reopening the assessment, despite request for the same from the Assessing Officer. The issue raised is whether such non-furnishing of the reasons for reopening, after the ./2016 Assessment year: 2010-2011 Page 2 of 3 specific request for the same is made by the assessee to the Assessing Officer, vitiates the reopening of assessment.
In the case of CIT v. Videsh Sanchar Nigam Ltd. (2012) 340 ITR 66 (Bom.) the Tribunal following the judgment of Bombay High Court in CIT v. Fomento Resorts and Hotels Ltd. of 2006 dated 27th November, 2006, has held that though the reopening of assessment was within three years from the end of relevant assessment year, since the reasons recorded for reopening of the assessment were not furnished to the assessee till date the completion of assessment, the reassessment order cannot be upheld, moreover, Special Leave Petition filed by revenue against the decision of this court in the case of CIT v. Fomento Resorts and Hotels Ltd., has been dismissed by Apex Court, vide order dated July 16,2007. The Mumbai ITAT followed the above decision and quashed the reassessment proceedings in the following cases: • Tata International Ltd. v. Dy. CIT (2012) 52 SOT 465 (Mum.) • Telco Dadajee Dhakjee Ltd. v. DClT (Mum.) (TM) - itatonline.org • Muller & Phi lips (India) Ltd. v. ITO (Mum.}(Trib.); www.itatonline.org • Jeevanlal Jain ITA No. 910/M/2014 dt 13-1-2016, Bench J; (Mum.) (Trib.).
The ld. D.R. relied on the decision of the Delhi ‘A’ Bench of the Tribunal in the case of ITO, Ward-11(6), New Delhi –vs.- Smt. Gurinder Kaur [2006] 102 ITD 189 (Delhi) and argued that where the assessee was aware of reasons for reopening the assessment, non-communication of reasons would not be fatal to the validity of reassessment proceedings. The proposition laid down in this case does not apply to the facts of the case on hand for the reasons that, it cannot be said that the assessee in this case was aware of the reasons for reopening of assessment. In any event, I am bound to follow the judgment of the Hon’ble Bombay High Court in preference to the judgment of Division Bench of Delhi Tribunal.
In view of the above discussion, as the reasons for reopening of assessment have not been furnished by the assessee despite request for ./2016 Assessment year: 2010-2011 Page 3 of 3 the same, the assessment order passed under section 148 read with section 143(3) is quashed as illegal.
In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 1st March, 2017.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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