2008 (11) TMI 291 - AT - Income Tax

Summary

Issues involved: Appeal against the order of CIT(A) involving additions made by AO on various grounds, cross-objection challenging the validity of assessment order u/s 147/148 of the IT Act, 1961.

Grounds in appeal by Revenue and assessee:
1. AO made addition on goods purchased by assessee found out of books, assessee failed to produce cash books for verification.
2. Addition made on S.T. penalty/composite fee paid by assessee, verification not done from books of account.
3. Addition on bogus purchases not reflected in closing stock/trading account, non-compliance with requirements u/s 139(9)(1) of IT Act.
4. AO made addition under s. 69C of IT Act for unexplained investment in construction of house, direction given to allow 20% deduction for difference in BSR rates.

Grounds in cross-objection by assessee:
1. Challenge to assessment order u/s 147/148 as bad in law and fact, without jurisdiction, seeking cancellation.
2. Request to decide legal ground challenging jurisdiction to reopen assessment under s. 147/148 first.
3. Assessee raised additional ground challenging jurisdiction for the first time before Tribunal, seeking remand to CIT(A) for fresh decision.
4. Legal principle cited from CIT vs. Kurban Hussain Ibrahimji Mithiborwala case regarding jurisdiction to reopen assessment.
5. Tribunal allowed cross-objection and appeal of Revenue for statistical purposes, remanded case to CIT(A) for fresh decision on all issues including legal ground raised by assessee.

This judgment highlights the importance of challenging jurisdiction to reopen assessment under s. 147/148, the right to raise legal grounds at any stage, and the need for a fresh decision by the CIT(A) on all issues including those raised for the first time before the Tribunal.