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2020 (9) TMI 240 - AT - Income TaxValidity of reopening of the assessment - Notice beyond four years from the end of the relevant A.Y - capital gains invoking the provisions of section 50C - HELD THAT - CIT (A) has summarily rejected the contentions of the assessee without considering the detailed written submission and the facts placed before her. It is the obligation of the Learned CIT(A) to consider all the facts and decide the issue in speaking order. In the instant order the Ld.CIT(A) has not discussed the facts placed before her and the reasoning for rejection of assessee s contention regarding the validity of reopening the assessment. Issue with regard to the validity of the reopening of the assessment needs to be addressed by the learned CIT (A) in the light of the facts placed by the assessee in it s written submissions - we set aside the matter to the file of the CIT (A) with a direction to consider all the facts and submissions made by the assessee and the evidence placed before the CIT (A) and decide the issue afresh on merits after giving opportunity to the assessee. - Decided in favour of assessee for statistical purposes.
Issues involved:
Validity of reopening of assessment under section 147 based on section 50C provisions. Analysis: The appeal was against the order of the CIT (A)-4, Hyderabad, dated 29.01.2018 for the A.Y 2009-10. The assessee challenged the reopening of assessment under section 147, arguing that no new information was received by the Assessing Officer after the original assessment was completed under section 143(3). The grounds raised included disputing the application of section 50C provisions for capital gains and questioning the timing of the reassessment notice. The assessee contended that all relevant information was provided during the original assessment, and the four-year limit for reopening had lapsed. The AR presented detailed arguments and referenced the original sale deed submitted to the AO, highlighting that the market value of the property was disclosed at that time. The AR emphasized that the reassessment was based on information already available, making it improper and incorrect. The AR further pointed out that the CIT (A) summarily dismissed the assessee's contentions without a thorough consideration of the written submissions and evidence presented. The AR highlighted the obligation of the CIT (A) to address all facts and provide a reasoned decision. The ITAT, after hearing both parties, found that the CIT (A) did not adequately analyze the facts and reasons for rejecting the assessee's arguments regarding the validity of the assessment reopening. Consequently, the ITAT set aside the matter to the file of the CIT (A) with directions to reconsider all facts, submissions, and evidence before making a fresh decision on the issue. Ultimately, the appeal of the assessee was allowed for statistical purposes, emphasizing the need for a comprehensive review of the reopening of assessment under section 147 in light of the provided information and legal provisions.
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