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2017 (9) TMI 1932 - AT - Income TaxReopening of assessment u/s 147 - HELD THAT - We find that in this case the appeal has been filed against the order of ld.CIT(A) arising out of the order passed by the AO u/s 143(3) of the Act dated 24.12.2010 and thereafter the case has been reopened under section 147 r.w.s.148 of the Act. The reassessment was framed vide order dated 31.2.2015 in which various issues as have been raised by the revenue by way of present appeal were taken care of. As a result the present appeal filed by the revenue has become infructuous and dismissed accordingly.
Issues:
Appeal by revenue against CIT(A) order for assessment years 2008-09. Analysis: The judgment pertains to an appeal by the revenue regarding assessment years 2008-09. The appeal was directed against the order of the CIT(A)-29, Mumbai, dated 15.3.2012, which originated from an order passed by the Assessing Officer on 24.12.2010 under section 143(3) of the Income Tax Act, 1961. The ld. AR representing the assessee informed the Bench that the issues raised in the appeal have been addressed in the order passed under section 143(3) r.w.s.147 of the Act dated 31.3.2013 following the reopening of assessment u/s 147 r.w.s.148 of the Act. Consequently, the appeal filed by the revenue was deemed infructuous. The ld. DR representing the revenue relied on the grounds of appeal filed in the appeal. The tribunal heard both parties and noted that the appeal was against the order of the ld.CIT(A) arising from the AO's order under section 143(3) of the Act dated 24.12.2010, with the case subsequently being reopened under section 147 r.w.s.148 of the Act. The reassessment was conducted on 31.2.2015, addressing the various issues raised by the revenue in the present appeal. Consequently, the tribunal found the present appeal filed by the revenue to be infructuous and dismissed it accordingly. The judgment concluded with the pronouncement that the appeal of the revenue was dismissed, with the order announced in the open court on 15th Sept, 2017.
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