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TMI Blog2018 (1) TMI 193X X X X Extracts X X X X X X X X Extracts X X X X ..... atedly filed on 24th March, 2014 which is nearly 2½ years after the Appeal was preferred before the Appellate Tribunal. Thus, what was stated in the affidavit was clearly an afterthought. The affidavit has been taken into consideration by the Appellate Tribunal. The Appellate Tribunal noted that even assuming that the Assessing Officer had dictated reasons on 30th March, 2010, in fact the reasons were signed by him admittedly on 31st March, 2010. The Appellate Tribunal, in our view, rightly held that the process of recording reasons as per the mandate of Sub-Section (2) of Section 148 of the said Act was completed when the Assessing Officer signed the reasons on 31st March, 2010. Thus, even before recording reasons under his signature, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee preferred an Appeal against the order passed by the Assessing Officer under Section 143(3) read with Section 147 of the Income Tax Act, 1961 (for short the said Act ). Before CIT (Appeals), a specific contention was raised that the Assessing Officer issued a notice under Section 148 on 30th March, 2010 whereas he recorded reasons for reopening the assessment on 31st March, 2010. The CIT (A) held that recording of reasons was sine qua non for issuing a notice under Section 148 of the said Act. Therefore, the first Appellate Authority proceeded to set aside the reassessment made by the Assessing Officer. Being aggrieved by the order of the first Appellate Authority, the appellant revenue preferred an Appeal before the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... belatedly filed on 24th March, 2014 which is nearly 2 years after the Appeal was preferred before the Appellate Tribunal. Thus, what was stated in the affidavit was clearly an afterthought. 5 Nevertheless the affidavit has been taken into consideration by the Appellate Tribunal. The Appellate Tribunal noted that even assuming that the Assessing Officer had dictated reasons on 30th March, 2010, in fact the reasons were signed by him admittedly on 31st March, 2010. The Appellate Tribunal, in our view, rightly held that the process of recording reasons as per the mandate of Sub-Section (2) of Section 148 of the said Act was completed when the Assessing Officer signed the reasons on 31st March, 2010. Thus, even before recording reasons und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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