9911796707
TMI Blog2023 (8) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 1429 - ITAT CHENNAI] has remanded the issue back to the file of the Assessing Officer for denovo consideration of disallowance u/s. 14A r.w.r. 8D, thus it is very clear that the issue on which the assessment has been re-opened was subject matter of appeal and thus, in our considered view as per 3rd proviso to section 147 re-opening of assessment and consequent assessment order passed by the Assessing Officer is bad in law and liable to be quashed. Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... order of the ITAT. 7 The Appellant craves leave to adduce additional grounds at the time of hearing." 3. The brief facts of the case are that, the assessment has been completed u/s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") on 30.12.2017 and determined total income of Rs. 211,66,73,558/-, by making various additions including addition towards disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962 etc. The assessee challenged the assessment order passed by the Assessing Officer before the first appellate authority and the ld. CIT(A) vide their order dated 23.07.2018 partly allowed appeal filed by the assessee. The assessee carried the matter in appeal before the tribunal and challenged various additions made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use the Assessing Officer has reopened the assessment on the ground that income chargeable to tax had been escaped on account of short-assessment of disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962, but fact remains that the issue of disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962 was subject matter of appeal before the first appellate authority and thus, when the assessment has been re-opened, the issue of disallowance u/s. 14A was subject matter on appeal before the CIT(A) and thus, as per proviso to section 147 of the Act, there is no scope for reassessment of the income involving matters, which are the subject matter of any appeal, reference or revision before the appellate authority. Since, the issue of disallowance u/s. 14A r.w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd said issue was subject matter of appeal before the CIT(A). Further, the issue of disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962 was travelled up to Tribunal and Tribunal vide order dated 31.03.2021 in ITA No. 2803/Chny/2018 has remanded the issue back to the file of the Assessing Officer for denovo consideration of disallowance u/s. 14A r.w.r. 8D of I.T. Rules, 1962. Therefore, from the above, it is very clear that the issue on which the assessment has been re-opened was subject matter of appeal and thus, in our considered view as per 3rd proviso to section 147 of the Act, re-opening of assessment and consequent assessment order passed by the Assessing Officer is bad in law and liable to be quashed. Thus, we quash reassessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
