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TMI Blog2018 (5) TMI 1383X X X X Extracts X X X X X X X X Extracts X X X X ..... rovisions of Section 184 and Section 40(b) does not arise on the facts of the case at all. In view of that, the action of AO in reopening assessment per se is bad in law. In view of that, we find no merit in Revenue grounds raised. - Decided in favour of assessee. - I.T.A. No. 1453/HYD/2017 - - - Dated:- 18-5-2018 - Shri D. Manmohan, Vice President And Shri B. Ramakotaiah, Accountant Member For Revenue : Smt. Komali Krishna, DR For Assessee : Shri S. Rama Rao, AR ORDER Per B. Ramakotaiah, A. M. This is an appeal by Revenue against the order of the Commissioner of Income Tax (Appeals)-Kurnool, dated 23-05-2017. The issue in this appeal is whether cancellation of re-assessment proceedings are valid or not? 2. Brief ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings are bad in law. Ld.CIT(A) considered the objections and decided the issue as under by treating the assessment as Void ab initio: 5.1. Ground Nos.2 and 4 relate to issue of notice U/s. 148 after a period of four years and approval for re-opening of assessment was taken from the JCIT. The submissions of the appellant, statement of facts, grounds of appeal and order U/s. 143 of the Act have been perused. The Assessing Officer reopened the assessment by issue of notice U/s. 148 and the assessment was completed by disallowing remuneration paid to coparceners by the appellant. In the context of reopening of assessment U/s. 147, the appellant s AR submitted that no fresh information come to the knowledge of the Assessing Officer for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such notice. (3) For the purposes of sub-section (1) and sub-section (2), the Principal Chief Commissioner or the Chief Commissioner or the Principal Commissioner or the Commissioner or the Joint Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself . 5.2. Considering the facts, issues and circumstances of the instant case and keeping in view the statutory provisions and also the decision of Hon'ble Supreme Court, Ground Nos. 2 and 4 are allowed and the assessment is treated as void ab-initio . 4. The only ground raised is with reference to the fact that permission was obt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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