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Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA
Before: Shri Mahavir Singh, JM]
For the Appellant: Shri V. N. Purohit, FCA For the Respondent: Md. Gayas Uddin, JCIT, Sr. DR ORDER This appeal by assessee is arising out of order of CIT(A), Asansol vide Appeal No. 79/CIT(A)/Asl/W-3(1)/Asl/08-09 dated 15.05.2013. Assessment was framed by ITO, Ward- 3(1), Asansol u/s. 147/143(3)/250/254 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2003-04 vide his order dated 26.11.2008.
The first issue in this appeal of assessee is against the order of CIT(A) confirming the action of AO in assuming jurisdiction u/s. 147 read with section 148 of the Act for reopening of assessment despite the fact that the assessee has raised objection before AO after receiving reasons recorded but those were not adjudicated in term of the decision of Hon’ble Supreme Court in the case of GKN Driveshaft (India) Ltd. Vs. ITO [2003] 259 ITR 19 (SC), wherein Hon’ble court has observed as under: “when a notice under section 148 is issued, the proper course of action for the notice is to file a return and if he so desires, to seek reasons for issuing notice. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objection to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order.”
Ld. Counsel for the assessee drew my attention to letter dated 09.06.2008 written to the ITO, Wd-3(1), Asansol wherein objections to the gist of reasons supplied for issuance of notice u/s. 148 of the Act was raised but these objections were not met with by the AO. Ld. Counsel for the assessee referred to page 25 of assessee’s paper book, wherein these reasons are enclosed.
I have gone through the assessment order as well as the order of CIT(A) and find that none of the authorities below have adjudicated the objections raised by the assessee before the AO vide letter dated 09.06.2008. In term of the decision of Hon’ble Supreme Court in the case of GKN Driveshafts (India) ltd., supra the orders of the lower authorities are set aside and matter
Sarojioni Keshri, AY 2003-04 is remanded back to the file of the AO for fresh adjudication. The AO will decide the objections of the assessee first and then proceed to frame de novo assessment if the objections are held to be valid. The appeal of assessee is allowed for statistical purposes. 7. In the result, appeal of assessee is allowed for statistical purposes. Order pronounced in the open court.