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TMI Blog2021 (11) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... . Baskaran , Member ( A ) For the Appellant : V. Srinivasan , Advocate For the Respondents : Dilip , Junior Standing Counsel ORDER Per George George K., JM These appeals at the instance of the assessee are directed against consolidated order of the CIT(A) dated 10.09.2008. The relevant assessment years are 1994-1995 and 1995-1996. Common issues are raised in these appeals, hence they were heard together and are being disposed of by this consolidated order. 2. The brief facts of the case are as follows: The assessee is a Garment Exporter. For the assessment years 1994-1995 and 1995-1996, the returns of income were filed on 27.10.1995 declaring 'NIL' income after claiming deduction u/s. 80HHC of the I.T. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... conducted on 16/08/2000 in his residence. It can be presumed so from the plea taken by the assessee during the course of assessment proceedings that From No. 3CD, 3CB, 10CCAC were filed along with the return filed on 27/10/1995 and A.O. has wrongly concluded that such documents were not available to him at the time of assessment. In the case of Smt. Reena Jain v. CIT (2007) 160 Taxman 173 (All.). Initiation of proceedings u/s. 147 of I.T. Act has been found valid holding that supply of reasons to the assessee is not necessary when the assessee is in full knowledge of the matter evidenced by their submissions and reply and explanations. 11. In view of the above, though the additional ground is admitted, it is dismissed because (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard rival submissions and perused the material on record. The assessments for assessment years 1994-1995 and 1995-1996 were reopened by issuance of notice u/s. 148 of the I.T. Act (notice dated 31.05.2001). In response to the notice issued u/s. 148 of the I.T. Act, the assessee filed a letter dated 09.06.2001. In the said letter assessee stated that the returns furnished earlier for the aforesaid assessment years may kindly be treated as returns filed in pursuance to notice u/s. 148 of the I.T. Act. Further, in the said letter, it was requested that the reasons recorded for issuance of notice u/s. 148 of the I.T. Act may be furnished for the effective representation of the case. The relevant portion of the letter of the assessee dated 09.06 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e jurisdictional High Court in adjudicating the above substantial question of law, distinguished the Hon'ble Madras High Court judgment in the case of Home Finders Housing Ltd. v ITO reported in (2018) 404 ITR 611 (Mad.) (relied on by the learned Standing Counsel) and held that recording of reasons before initiation of reassessment proceedings and communication thereof to the assessee is sine qua non for a valid reassessment. The relevant finding of the Hon'ble Apex Court reads as follows:- 5. Having heard the learned counsels for the parties, we are satisfied that no substantial question of law arises in the present appeal filed by the Revenue in as much as the recording of reasons for reassessment under Section 147/148 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aterial on the basis of which the impugned reassessment proceedings were undertaken by the assessing authority. The assessee in the present case twice made a request to the assessing authority, but despite the specific requests, the assessing authority did not comply with the said request and supplied the reasons to the assessee. That casts a doubt even on fact of the recording of the reasons in the contemporary period by the assessing authority. The fact that such reasons are supplied before the learned Tribunal only for the first time was enough for by the learned Tribunal to hold that in view of the decision of the Hon'ble Supreme Court, the assessing authority lacked the jurisdiction in invoking the reassessment proceedings and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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