2013 (10) TMI 1550 - AT - Income Tax

Summary

Issues involved: Cross appeals against the order of Ld. CIT(A), Valsad dated 21-07-2010.

Reopening of assessment: The assessee challenged the reopening of assessment on the grounds that no new material had come before the assessing officer, no income had escaped assessment, and the assessing officer had not passed a speaking order disposing off objections filed against reopening. The Tribunal admitted this additional ground for adjudication, noting that it was a legal ground requiring no investigation of fact. The matter was sent back to the file of AO for fresh adjudication in accordance with the procedure laid down by the Hon'ble Apex Court and jurisdictional High Court decisions. The additional ground was disposed of based on previous Tribunal decisions and relevant legal precedents.

Other grounds raised: In light of the decision regarding the additional ground, the other grounds raised in the appeals of both the assessee and revenue were deemed infructuous and did not require adjudication at that stage. Both appeals were allowed for statistical purposes.

Conclusion: Both appeals filed by the assessee and revenue were allowed for statistical purposes based on the decision regarding the additional ground challenging the reopening of assessment. The Tribunal directed the matter to be sent back to the assessing officer for fresh adjudication in accordance with legal procedures and precedents cited.