9911796707
TMI Blog2022 (11) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... by this consolidated order for the sake of brevity and convenience. C.O.-110/Del/2022 [In ITA No.1881/Del/2020] [Assessment Year : 2011-12] 2. Since the validity of assessment u/s 147 of the Act goes to the root of the case therefore, we take up C.O. No.110/Del/2022 pertaining to Assessment Year 2011-12 wherein the assessee has raised following ground in this cross-objection:- 1. "That in the facts and circumstances of the case and in law the Ld.CIT(Appeal) erred in upholding initiation of reassessment proceedings under section 148 of Income Tax Act by the Assessing Officer." BRIEF FACTS OF THE CASE 3. Facts giving rise to the present appeal are that the case of the assessee was re-opened u/s 147 of the Income Tax Act, 1961 ("the Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld.CIT(A) for adjudicating the matter on validity. 7. On the contrary, Ld. Sr. DR appearing on behalf of the Revenue, supported the assessment order. 8. We have heard Ld. Authorized Representatives of the Revenue and the assessee and perused the material available on record. On a pointed query from the Bench of the Tribunal that there is no decision by the Ld.CIT(A) on the ground of validity of re-opening of the assessment, Ld. Sr. DR agreed that matter may be restored to the file of Ld.CIT(A) and direct the Ld.CIT(A) to adjudicate the grounds raised by the assessee. There is no dispute with regard to the fact that the assessee had raised specific ground related to validity of re-opening of the assessment u/s 148 of the Act however, this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es to the root of the matter. If the assessee succeeds, the other grounds would become academic in nature. Since we have set aside the impugned order in the cross-objection filed by the assessee for adjudicating the ground related to validity of reassessment u/s 147 of the Act. Therefore, the grounds raised by the Revenue in this appeal are also restored to the file of Ld.CIT(A) to decide it afresh after adjudicating the validity of re-opening of the assessment.
12. In the result, the appeal of the Revenue is allowed for statistical purposes.
13. In the final result, the appeal of the Revenue and cross-objection filed by the assessee are allowed for statistical purposes.
Order pronounced in the open Court on 16th November, 2022. X X X X Extracts X X X X X X X X Extracts X X X X
|
