2014 (3) TMI 853 - HC - Income Tax

Genuineness of transaction - Assessment of income derived from sale of jewellery Held that - The decision in Manoj Aggarwal and others Versus Deputy Commissioner Of Income-tax, Central Circle - 3, New Delhi 2008 (7) TMI 446 - ITAT DELHI-A followed - the order requires to be set aside and the matter remitted to the Tribunal for considering all aspects so that a clear finding as to whether transaction for sale of jewellery was genuine or not in this case Decided in favour of Revenue. Jurisdiction of the AO to reopen the assessment Held that - The assessee s conduct in not preferring any cross objections when the appeal was being heard precludes it from now contending that it has a grievance in respect of the jurisdiction of the Assessing Officer Decided against Assessee.

Summary

Issues:
1. Jurisdiction of the Assessing Officer to reopen assessment.
2. Consideration of cross objections by the ITAT.

Jurisdiction of the Assessing Officer to reopen assessment:
The High Court addressed the issue of jurisdiction of the Assessing Officer to reopen the assessment. The assessee contended that the Assessing Officer did not have the jurisdiction to reopen the assessment at the relevant time. The Commissioner (Appeals) had ruled against the assessee on this matter. The counsel for the assessee argued that the notice for appeal was received after the ITAT made its order, indicating that the time limit for filing cross objections had not expired. The assessee urged the ITAT to consider and decide upon the cross objections. However, the Court held that the assessee's failure to raise cross objections during the appeal precluded it from now claiming a grievance regarding the jurisdiction of the Assessing Officer. The Court emphasized that the assessee had the opportunity to raise the issue during the appeal but chose not to do so. Citing the Gujarat High Court's decision, the Court dismissed the cross objections based on the assessee's conduct.

Consideration of cross objections by the ITAT:
The High Court deliberated on whether the ITAT should consider and pronounce upon the cross objections raised by the assessee. The Court noted that the assessee did not raise cross objections during the appeal proceedings, which led to the dismissal of the cross objections. The Court highlighted that the assessee's failure to raise the issue during the appeal prevented it from now seeking consideration of the cross objections. By referring to the Gujarat High Court's decision, the Court concluded that the cross objections should be dismissed. Subsequently, the Court disposed of the appeal based on the above reasons.

In conclusion, the High Court's judgment focused on the jurisdiction of the Assessing Officer to reopen the assessment and the consideration of cross objections by the ITAT. The Court emphasized the importance of raising relevant issues during the appeal proceedings and dismissed the cross objections due to the assessee's failure to do so.