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TMI Blog2020 (10) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... made in I.T.A.No.1303/Mds/15 and I.T.A.No.1302/Mds/15 passed by the Income Tax Appellate Tribunal 'B' Bench, Chennai (for brevity "the Tribunal") for the assessment years 2006-07 and 2007-08 respectively. 2. The appeals have been filed raising the following substantial questions of law:- "(a) Whether on the facts and circumstances of the case, the Tribunal is right in law and having materials on record to uphold the re-opening of the assessments under Section 147 of the Income Tax Act especially when the Department failed to get any confirmation from any authority in support of his decision to re-open the assessment? (b) Whether under facts and circumstances of the case, the re-opening of assessments under Section 147 of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt was deposited after 31.03.2006 and the amounts lying in the foreign bank are not taxable. The Assessing Officer issued notices under Section 148 of the Act proposing to reopen the assessments, which are objected to by the assessee and ultimately, by orders dated 30.03.2013, the re-assessment orders were passed. Aggrieved by the same, the assessee preferred appeals before the Commissioner of Income Tax (Appeals)-8, Chennai (for brevity "the CIT(A)"). The appeals were dismissed by order dated 31.03.2015. Challenging the same, the assessee preferred appeals before the Tribunal, which were dismissed by the impugned order. This is how the assessee is before us by way of these tax case appeals raising the aforementioned substantial questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Tribunal as if sitting as a third appellate authority. With this caveat, we proceed to decide the issues. 6. Mr.M.A.Mudi Mannan, learned counsel for the assessee would vehemently contend that the Assessing Officer issued notices dated 26.09.2011 under Section 148 of the Act after which, the assessee through its Chartered Accountant, vide letters dated 15.02.2013, requested the Assessing Officer to treat the original returns of income as returns filed in pursuance to notices under Section 148 of the Act and thereafter, without issuing any notice under Section 143(2) of the Act, re-assessment proceedings has been completed. 7. According to Mr.M.A.Mudi Mannan, learned counsel for the assessee, this is a jurisdictional defect amountin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ior to the letters of the Chartered Accountant of the assessee dated 15.02.2013 and no notice was issued after the Chartered Accountant's letters dated 15.02.2013 under Section 143(2) of the Act and therefore, the re-assessments are bad. It is further submitted that the assessee has not placed the correct details, the Revenue has followed the proper procedure and that is why the assessee never questioned the procedural aspect in any of the earlier proceedings and seeks to canvass the same for the first time before this Court and the same may not be permitted and it is not sustainable both on law as well as on facts. 9. During the course of argument, reference was made to the latest decision of the Hon'ble Supreme Court in CIT vs. L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y referring to paragraph 4 of the re-assessments order dated 30.03.2013. In the said paragraph, it has been stated that the notice under Section 143(2) dated 12.02.2013 was issued and duly served on the assessee. The Assessing Officer further states that Mr.Devesh Vasavada, Chartered Accountant appeared on behalf of the assessee; the Authorised Representative filed letters dated 15.02.2013 requesting to treat the returns already filed for the assessment year 2006-07 and 2007-08 as filed in response to notices under Section 148 of the Act. The assessee seeks to make out a case from the averments contained in paragraph 4 to say that the notices under Section 143(2) are dated 12.02.2013, the Chartered Accountant of the assessee filed letters o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted undeclared account with HSBC Bank located in Switzerland and carried out unaccounted transactions and made deposits in them during the financial years 2005-06 and 2006-07 relevant to the assessment years 2006-07 and 2007-08 respectively. Further, the CIT(A) states that the assessment orders were reopened after recording reasons thereof with prior approval of the Joint Commissioner of Income Tax, Salary Range V, Chennai; notices under Section 148 of the Act dated 26.09.2011 were issued for both the assessment years (2006-07 and 2007-08) by the Deputy Commissioner of Income Tax, Salary Circle V, Chennai and notices under Section 143(2) of the Act were issued, subsequently, in response to which the assessee's Authorised Representative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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