The Tax Publishers2020 TaxPub(DT) 5150 (Bom-HC)

INCOME TAX ACT, 1961

Section 147

Where reasons for re-opening were not provided to assessee till completion of assessment in spite of the same being sought by the assessee, the said assessment would not be sustainable and hence, the reassessment order passed under section 147 was rightly set aside by Tribunal.

Reassessment - Validity - Reasons for re-opening not provided to assessee till completion of assessment in spite of same being sought by assessee -

Issue for consideration was whether Tribunal was justified in setting aside the assessment on the ground of non-provision of reasons for re-opening the assessment. Held: It was an undisputed position that the reasons for re-opening were not provided to assessee till completion of assessment in spite of the same being sought by the assessee, the said assessment would not be sustainable and hence, the reassessment order passed under section 147 was rightly set aside by Tribunal.

REFERRED : CIT v. Videsh Sanchar Nigam Ltd. [2012] 21 taxmann.com 53 (Bom) : (2012) 340 ITR 66 (Bom.) : 2012 TaxPub(DT) 0676 (Bom-HC) and CIT v. Trend Electronics [2015] 61 taxmann.com 308 (Bom) : (2015) 379 ITR 456 (Bom.) : 2015 TaxPub(DT) 3759 (Bom-HC).

FAVOUR : In assessee's favour.

A.Y. : 1999-2000



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