9911796707
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Issues:
1. Validity of assessments made by the Income Tax Officer (ITO) without following the procedure under section 144B of the Income Tax Act. 2. Jurisdiction of the Commissioner to set aside the assessments for proper reassessment. 3. Whether the orders of the ITO were erroneous and prejudicial to the interest of revenue. Analysis: 1. The original assessments of a registered firm involved substantial additions to the income returned by the assessee. The Commissioner found that the ITO did not follow the procedure under section 144B of the IT Act, which led to a legal infirmity in the assessment orders. The Commissioner set aside the assessments for three years and directed the ITO to make proper assessments following the correct procedure. The assessee challenged this decision, arguing that the assessments were made before the applicability of section 144B and that even if the procedure was not followed, the assessments were valid under section 292B. The Commissioner's order was contested on jurisdictional and merit grounds by the assessee. 2. The Department argued that the non-observance of statutory provisions like section 144B rendered the assessment order invalid. The Department referred to legal precedents to support the contention that the ITO's failure to follow the prescribed procedure was fatal to the validity of the assessment order. The Department emphasized that the matter was still pending before the Appellate Assistant Commissioner (AAC) and had not been conclusively decided. 3. The Tribunal acknowledged the arguments presented by both parties but concluded that it was unnecessary to delve into the interpretation or applicability of section 144B in this case. The Tribunal highlighted that challenges to the validity of the ITO's order could be raised at subsequent stages of appeal or even through a Writ Petition to the Court. The Tribunal noted that until the validity of the order was conclusively determined, doubts regarding its legality would persist. The Tribunal agreed with the Commissioner's view that such doubts could prejudice the Revenue and cast aspersions on the correctness of the ITO's orders. Therefore, without delving into the technical aspects of section 144B, the Tribunal upheld the Commissioner's decision that the ITO's orders were erroneous and prejudicial to the Revenue. 4. The appeals challenging the Commissioner's order were dismissed, affirming the decision to set aside the assessments for proper reassessment in accordance with the prescribed procedure under the Income Tax Act. This detailed analysis outlines the key arguments presented by both parties, the legal interpretations regarding the validity of the assessments, and the Tribunal's decision upholding the Commissioner's order for reassessment based on procedural irregularities and potential prejudice to the Revenue.
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