ITO, BANGALORE vs. SRI. S. DEVRAJ PANDE, BANGALORE
In the result, the C. O. filed by the assessee is partly allowed for statistical purposes
ITA 1107/BANG/2015[2009-10]Status: DisposedITAT Bangalore17 Nov 2017AY 2009-10
Bench: Shri Arun Kumar Garodia & Shri Laliet Kumar
For Appellant: Shri Balram R. Rao, AdvocateFor Respondent: Shri N. Sukumar, Addl. CIT (DR)
Section 139Section 143(2)Section 147Section 148
…order dated 28.2.2013, where it was held that reassessment proceeding cannot be initiated if reasons not supplied, and such defect cannot be cured if the same is supplied in the appellate proceedings by CIT(A). In case of Raymond Woolen Mills Ltd V ITO (1999) 299 ITR 34 (SC) it has been held that in case of S.147 it is open to assessee to prove that assumption of facts made in the notice was erroneous, and assessee may also prove that no new facts came to the knowledge of Assessing Officer. Thus opportunity to challenge proceeding u/s 147 by the assessee cannot be curtailed by issue of notice u/s 143(2) and proce…