9911796707
TMI Blog2015 (8) TMI 925X X X X Extracts X X X X X X X X Extracts X X X X ..... e writ Court and as well as the re-assessment order dated 31.01.2014. Accordingly , this appeal as well as the writ petition stand allowed. The question of non-furnishing the reasons for re-opening an already concluded assessment goes to the very root of the matter. Besides this, it is not disputed that the statement of some other person which was recorded and the appellant was asked to explain th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty of alternative remedy. 2. The brief facts of this case are that for the assessment year 2006-07 the appellant had filed its return of income, which was accepted under Section 143(1) of the Income Tax Act, 1961 (for short 'the Act') on 14.06.2007. Subsequently, on 28.03.2013, notice under Section 148 of the Act was issued for re-opening of the assessment. In response to the same, the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des the non-furnishing of the reasons for re-opening the assessment, principles of natural justice were also not complied in the present case in as much as the appellant was not even furnished the statement, which was required to be explained by the appellant before the Assessing Officer. 4. Sri K.V. Aravind, learned counsel appearing for the respondent has, however, submitted that since the re-a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en furnished to the appellant, even though a request for the same had been made, we are of the opinion that proceedings for the re-assessment could not have been taken further on this ground alone. 7. Besides this, it is not disputed that the statement of some other person which was recorded and the appellant was asked to explain the same, was itself not furnished to the appellant-assessee. As su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
