9911796707
TMI Blog2013 (2) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... could be pointed out is that the assessment year was not mentioned in the reasons recorded by the Assessing Officer. Unless it is shown that assessee was misled by not mentioning the assessment year in the reasons recorded, we are of the view that if the reasons recorded relate to a particular year, the reassessment proceeding initiated relate to that particular year and the assessee participated in the reassessment proceeding without raising any objection, such an objection cannot be raised by the assessee at a subsequent stage of the proceeding. Order of the Tribunal cannot be sustained - Decided in favor of Revenue. - Income Tax Appeal No. - 28 of 2011 - - - Dated:- 21-2-2013 - Prakash Krishna And Ram Surat Ram (Maurya), JJ. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee escaped assessment and on this technical ground the reassessment proceedings have been set aside and the assessment has been quashed. The following four substantial questions of law have been framed in the memo of appeal. "(1)Whether the learned ITAT has erred in quashing the reassessment merely on the basis of non-mention of the assessment year in the reasons recorded when the assessee had not raised any such objection either before the assessing officer or the first appellate authority? (2) Whether the ITAT failed to consider the fact that the assessee had fully cooperated during the assessment proceedings and complied the notices issued by the assessing officer? (3) Whether the learned ITAT failed to consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment year the reasons recorded do relate. The assessee participated in the reassessment proceedings for the Assessment Year 2002-03 without raising any objection. No material was placed before us to show that in any manner the assessee was misled for not specifically mentioning the assessment year in the reasons recorded by the Assessing Officer. Section 292B of the Act provides that no return of income, assessment, notice, summons or other proceedings, furnished or made or issued or taken or purported to have been furnished or made or issued or taken in pursuance of any of the provisions of this Act shall be invalid or shall be deemed to be invalid merely by reason of any mistake, defect or omission in such return of income, assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be pointed out is that the assessment year was not mentioned in the reasons recorded by the Assessing Officer. Unless it is shown that assessee was misled by not mentioning the assessment year in the reasons recorded, we are of the view that if the reasons recorded relate to a particular year, the reassessment proceeding initiated relate to that particular year and the assessee participated in the reassessment proceeding without raising any objection, such an objection cannot be raised by the assessee at a subsequent stage of the proceeding. In view of the above, the order of the Tribunal cannot be sustained. In the result the substantial questions of law as framed in the memo of appeal are decided in favour of the Department and against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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