Rabindra Kumar Mohanty, Bhubaneswar vs. ITO, Ward-2(2), Bhubaneswar
In the result, Appeal of the assessee in ITANo
ITA 300/CTK/2016[2009-10]Status: DisposedITAT Cuttack21 Dec 2021AY 2009-10
Bench: Shri C.M. Garg, Jm & Shri Manish Borad, Am आयकर अपीऱ सं./Ita No.300/Ctk/2016 (नििाारण वषा / Assessment Year :2009-2010) Rabindra Kumar Mohanty, Vs Ito, Ward-2(2), C/O Dr. Basudev Mishra, Bhubaneswar Plot No.3C/1, 1St Floor, Near Raj Bhawan Square, Unit-8, Bhubaneswar- 751012 Pan No. : Abxpm 8506 B (अऩीलाथी /Appellant) (प्रत्यथी / Respondent) .. ननधाारिती की ओर से /Assessee : Shri Natabar Panda, Advocate By िाजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr.Dr सुनवाई की तािीख / Date Of Hearing : 26/10/2021 घोषणा की तािीख/Date : 21/12/2021 Of Pronouncement आदेश / O R D E R Per Bench: The Captioned Appeal Filed At The Instance Of Assessee Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax(Appeals)-2, Bhubaneswar (In Short ‘The Cit(A)’), Dated 22.02.2016 For The Assessment Year 2009-2010. 2. This Appeal Itano.300/Ctk/2016 Was Dismissed By This Tribunal Vide Order Dated 30.08.2017 On Account Of Non- Appearance On The Part Of The Assessee. Thereafter The Assessee Took The Matter Before The Hon’Ble High Court & The Hon’Ble High Court In W.P.(C) No.2487 Of 2019, Vide
For Appellant: Shri Natabar Panda, Advocate byFor Respondent: Shri S.C.Mohanty, Sr.DR
Section 148Section 234B
…total turnover as per form No.26AS. Since there was no other tangible material before Ld. AO to form the belief that the income has escaped assessment we in view of the ratio laid down by the Hon'ble Supreme Court in the case of CIT vs. Former Finance (2003) 264 ITR 566(SC) and also ratio laid down by the Hon'ble Bombay High Court in the case of Balkrishna Hiralal Wani vs. ITO (2010) 321 ITR 519(Bom), are of the considered view that the reopening of the assessment u/s 147 of the Act in the instant case was not valid and reassessment proceedings deserves to be quashed. Ground No.1, 2 & 3 of the assessee’s appeal…
