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TMI Blog2012 (8) TMI 267X X X X Extracts X X X X X X X X Extracts X X X X ..... same figures, as shown by the assessee in its books, we are of the considered opinion that no “tangible material” had been brought on record by the AO, which could have given him some valid reason to initiate the reassessment proceedings. Therefore, notice issued u/s 148 is held to be void, and consequently the proceedings are void ab initio - Decided in favor of assessee. - I.T.A. NO. 1293/Mum/2010 - - - Dated:- 6-6-2012 - SHRI B.RAMAKOTAIAH, SHRI VIVEK VARMA, JJ. Appellant by : Mr. Girish Dave. Respondent by : Mr. Manoj Mishra. O R D E R Per VIVEK VARMA, JM : The appeal has been filed by the assessee against the order of CIT(A) 4, Mumbai, dated 17-12-2009. 2. The assessee has raised the following groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitiating assessment proceedings vide letter dated 27-03-2008. The AO, in response to the request of the assessee, supplied the reasons on 01-04-2008, which the assessee received on 03-04-2008. Thereafter, the re-assessment proceedings were taken up and assessment order u/s 143(3) r.w. section 148, was framed on 03-11-2008. 6. Before the CIT(A), the assessee pleaded the infirmity of action taken by the AO in initiating the reassessment proceedings. These were rejected by the CIT(A), he therefore, sustained the reassessment proceedings. 7. Being aggrieved, the assessee is now before the ITAT. 8. Before us, the A.R. appearing on behalf of the assessee pointed out the infirmity of initiation of re-assessment proceedings. The A.R. placed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der: 11. DETA1LS OF CLAIMS PAID DURING 2002-03 RS 5463797/- Statement attached (Pg 140-142) . The A.R. further pointed out that once again vide letter dated 30-01- 2006, the assessee submitted on the impugned issue and once again submitted complete details along with copies of claim made by the buyers in U.S. (the assessee has extracted the relevant page of the paper book placed before the AO) as under: DETAILS OF CLAIMS PAID RS.5463797/- THESE CLAIMS PAID PERTAIN TO AMOUNTS PAID DURING THE YEAR IN RESPECT OF QUALITY CLAIMS TOWARDS MECHANDISE SUPPLIED TO OVERSEAS CUSTOMERS PRIMARILY THEY ARE ON ACCOUNT OF DEFECTIVE GARMENTS, COLOUR FASTNESS, WRONG COLLAR AND CUFF ATTACHMENT, POOR STICHING,DYEING HAMMING PROBLEM, ETC. ALL SUCH CLA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue. The A.R. further submitted that even the Hon'ble jurisdictional High Court at Bombay in the case of Purity Techtextile Pvt. Ltd. v/s ACIT, reported in 325 ITR 459 has relied upon the decision of Hon'ble Supreme Court in the case of Kelvinator of India Ltd. (supra). He, therefore, concluded that since the issue on which the revenue has initiated the re-assessment proceedings has been dealt with by the AO in regular assessment, the initiation of reassessment proceedings is bad in law and has to be struck down. 10. The D.R. relied upon he views taken by the revenue authorities. 11. We have heard either side and have perused the material brought on record in the form of APB. On going through the relevant evidence and written submissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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