2017 (8) TMI 1597 - AT - Income Tax

Reopening of assessment u/s 147 - ground not argued before the bench at the time of hearing - HELD THAT - Assessee had raised the legal issue with respect to reopening U/s.147 of the Act, in its grounds of appeal, the same was not argued before the bench at the time of hearing. Therefore, the ground with respect to reopening was not considered. However, in the interest of justice, since the assessee has come up with the prayer before us for considering the ground with respect to reopening U/s.147 of the Act, we are of the considered view that a fair opportunity is to be provided to the assessee. Therefore, we hereby recall the order of the Tribunal for the limited purpose of adjudicating the ground with respect to reopening of assessment U/s.147 of the Act. The Registry is hereby directed to post the appeal for hearing in due course and intimate both the parties.

Summary

Issues:
1. Rectification of mistake apparent on record regarding reopening of assessment U/s.147 of the Act.

Analysis:
The judgment by the Appellate Tribunal ITAT Chennai, delivered by Accountant Member A. Mohan Alankamony, pertains to a Miscellaneous Petition filed by the assessee seeking rectification of a mistake apparent on record in the Tribunal's order dated 01.08.2016 in I.T.A. No.711/Mds/2016. The assessee contended that the Tribunal did not address the legal issue concerning the reopening of assessment under Section 147 of the Income Tax Act. The assessee requested the order to be recalled to consider this specific ground, which was objected to by the Departmental Representative. After hearing both parties, the Tribunal noted that although the assessee had raised the issue of reopening in the grounds of appeal, it was not argued during the hearing. In the interest of justice, the Tribunal decided to recall the order to provide a fair opportunity for the assessee to present arguments on the reopening of assessment under Section 147. The Tribunal directed the Registry to schedule a new hearing and inform both parties accordingly.

In conclusion, the Miscellaneous Petition filed by the assessee was allowed by the Tribunal for the limited purpose of adjudicating the ground related to the reopening of assessment under Section 147 of the Income Tax Act. The order was pronounced on 07th August 2017 in Chennai.