SHRI GORDHANBHAI R. ASODARIA,SURAT vs. ASSISTANT COMMISSIONER INCOME TAX, CENTRAL CIRCLE-3, SURAT

ITA 267/SRT/2022Status: DisposedITAT Surat25 April 2023AY 2012-13Bench: SHRI PAWAN SINGH (Judicial Member)7 pages
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What did the Tribunal hold?

The Tribunal held that the reopening under Section 147 beyond four years, without new tangible material, was not justified, citing a jurisdictional High Court ruling. Consequently, the additions made in the assessment order were rendered invalid.

What were the facts?

The assessee's case was reopened under Section 147 after an initial assessment under Section 143(3). The reopening occurred beyond four years from the end of the assessment year, and the Assessing Officer relied on material already available during the original assessment. The Assessing Officer disallowed expenses under Section 14A, which was confirmed by the CIT(A).

What were the issues?

The primary issue was the validity of reopening the assessment beyond four years without new tangible material. The secondary issues involved the disallowance of expenses under Section 14A and the levy of interest and penalty.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 148,Section 14A,Section 10(2A),Section 234A,Section 234B,Section 234C,Section 234D,Section 271(1)(c)

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IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH (SMC), SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER (Virtual hearing) Shri Gordhanbhai R. Asodaria, A.C.I.T., 8, Raghuvir Bunglow, City Light Road, Central Circle-3, Vs. Parle Point, Surat-395007. Surat. PAN No. ABAPA 6910 G Appellant/ assessee Respondent/ revenue

Assessee represented by Shri Biren Shah, AR Department represented by Shri Vinod Kumar, Sr. DR Date of hearing 25/04/2023 Date of pronouncement 25/04/2023 Order under Section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER:

1.

This appeal by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals)-4, Surat (in short, the ld. CIT(A)) dated 04/08/2022 for the Assessment Year (AY) 2012-13. The assessee has raised following grounds of appeal:

“1. In law and in the facts and circumstances of the assessee’s case, the Ld. CIT(A) has erred in confirming the assessment order u/s 143(3) r.w.s. 147 of the I.T. Act, 1961 passed by the ACIT-Central Circle-3, Surat which is void and deserves to be quashed. 2. in law and in the facts and circumstances of the assessee’s case, the ld. CIT(A) has erred in confirming the action of Assessing Of

The order continues below.

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