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Issues involved: Appeal by Revenue challenging declaration of assessment as null and void u/s 147/144 of Income-tax Act and cross-objection by assessee regarding non-adjudication of specific grounds by Commissioner of Income-tax (Appeals).
Revenue's Appeal: The Revenue appealed against the declaration of assessment as null and void u/s 147/144 of the Income-tax Act, where an addition was made on account of unexplained bogus purchases. The grounds raised included procedural errors in reassessment, lack of proper reasoning, and abuse of process of law. The Commissioner of Income-tax (Appeals) declared the assessment null and void based on a decision of the Bombay High Court, leading to the appeal by the Revenue. Assessee's Cross-objection: The assessee's cross-objection highlighted the failure of the Commissioner of Income-tax (Appeals) to adjudicate on specific grounds challenging the impugned addition made by the Assessing Officer. The grounds raised by the assessee included procedural irregularities in reassessment, lack of proper reasoning, and disputing the treatment of purchases as unexplained expenditure without proper verification. The Tribunal found that the order of the Commissioner of Income-tax (Appeals) was non-speaking and cryptic, failing to comply with the provisions of section 250(6) of the Income-tax Act. The order did not address the specific grounds raised by the parties, leading to confusion and depriving the parties of clarity on the decision. As a result, the Tribunal set aside the order of the Commissioner of Income-tax (Appeals) and directed a fresh speaking order to be passed, ensuring compliance with the provisions of the Act. Both parties were granted a reasonable opportunity to be heard in the matter. In conclusion, the appeal filed by the Revenue was allowed for statistical purposes, and the cross-objection filed by the assessee was also allowed. The decision was pronounced in open court on November 12, 2009, following the conclusion of the hearing.
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