DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5(1), MUMBAI , MUMBAI vs. CEC-ITD CEM-TPL JOINT VENTURE , MUMBAI
In the result, all the appeals filed by the assessee are allowed and Revenue’s appeals are dismissed
ITA 5227/MUM/2024[2017-18]Status: DisposedITAT Mumbai10 Mar 2025AY 2017-18
Bench: SHRI AMIT SHUKLA (Judicial Member), SHRI GIRISH AGRAWAL (Accountant Member)
Section 133ASection 147Section 148Section 148A
…thus submitted that such order passed u/s. 148A(d) of the Act in case of an assessee without considering submission made by the assessee is bad in law. The Ld. AR relied upon the judgement of the Hon'ble Jharkhand High Court in the case of Ratan Bej v. PCIT (467 ITR 288) wherein it was held that non- consideration of the reply or objection furnished by the assessee not only amounts to violation of principles of natural justice but is also contravention of mandatory modalities which are to be followed during the course of enquiry proceedings under Section 148A of the Act (Para 8 and 8.1 of the referred order). Al…