2013 (6) TMI 891 - AT - Income Tax

Summary

Issues Involved:
The validity of the assessment order passed u/s 143(3) r.w.s. 147 of the Act due to non-communication of reasons recorded for reopening the assessment.

For AY 2005-06:
The assessee challenged the assessment order passed u/s 143(3) r.w.s. 147 of the Act, questioning the validity of the assessment order due to non-communication of reasons for reopening the assessment. The AO initiated proceedings u/s 147 of the Act by issuing a notice u/s 148 after the return was processed u/s 143(1). The AO disallowed certain amounts and additions were made to the total income. The CIT(A) confirmed the assessment order. The learned AR argued that the assessment order is invalid as reasons for reopening were not communicated, relying on legal precedents. The learned DR contended that reasons were communicated and objected to raising legal grounds not presented before the CIT(A). The ITAT held that the assessment order passed without communicating the reasons for reopening is null and void, following legal precedents. The ITAT allowed the appeal of the assessee for AY 2005-06.

For AY 2006-07:
The facts in this case were similar to AY 2005-06. Following the decision in AY 2005-06, the ITAT set aside the order passed by the CIT(A) and allowed the appeal of the assessee for AY 2006-07.

In conclusion, both appeals of the assessee were allowed by the ITAT.