M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR

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ITA 454/CTK/2015Status: DisposedITAT Cuttack22 June 2022AY 2006-073 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the assessment order and restored the issue to the Assessing Officer (AO). The AO is directed to first dispose of the objections filed by the assessee regarding the reopening of the assessment before continuing with the assessment.

What were the facts?

The assessee's appeal was against the reopening of assessment. The original assessment was completed, and the notice under Section 148 was issued after reasons were recorded. The assessee had filed objections to the reopening, which were not disposed of.

What were the issues?

Whether the assessment order is valid when the assessee's objections to the reopening of assessment have not been disposed of by the AO.

Which sections of the Income-tax Act were involved?

Section 148

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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Hearing: 22/06/2022Pronounced: 22/06/2022

O R D E R Per Bench : This is an appeal filed by the revenue against the order of the ld. CIT(A)-1, Bhubaneswar, dated 10.09.2015 passed in I.T.Appeal No.0012/14-15 for the assessment year 2006-2007.

2.

It was submitted by the ld. AR that the only issue in assessee’s appeal was against reopening of the assessment. It was submitted that the original assessment came to be completed on 30.12.2008. It was the submission that the assessment was reopened by issuance of notice u/s.148 of the Act after recording reasons on 16.04.2013. It was the submission that the assessee had filed its objection to the reopening of the assessment and the same has not been disposed off. It was the submission that non-disposal of the objections filed by the assessee is in violation of the principle laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd., reported in [2003] 259 ITR 19 (SC).

3.

In reply, ld. CIT-DR submitted that he had no issue if the issue is restored to the file of AO for disposal of the objections raised by the assessee.

4.

We have considered rival submissions.

5.

A perusal of the assessment order, it is noticed that the ld. AO does not say in the assessment order that he has disposed off the objections raised by the assessee in respect of reopening of the assessment. In view of the principle of law laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra), the assessment order is set aside and the issue is restored to the file of AO to dispose off first the objection filed by the assessee in respect of reopening of the assessment and then continue with the assessment. We further make it clear that all the legal issues are left open.

6.

In the result, appeal filed by the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 22/06/2022.

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