Appellate Tribunal revisits order to consider challenge on assessment reopening under IT Act The Appellate Tribunal recalled its order to address the non-adjudication of a ground challenging the validity of re-opening of assessment under section ...
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Appellate Tribunal revisits order to consider challenge on assessment reopening under IT Act
The Appellate Tribunal recalled its order to address the non-adjudication of a ground challenging the validity of re-opening of assessment under section 147 of the Income Tax Act in the order dated 30.03.2012. The matter concerning the deduction claim under section 80-IA was remanded for a fresh decision. The Departmental Representative acknowledged the oversight and the Tribunal directed a hearing specifically on the validity of re-opening of assessment. The assessee's Miscellaneous Application was allowed for this purpose, with the order pronounced on 04th December 2014 by G. S. Pannu, the Accountant Member of the Tribunal.
Issues: 1. Non-adjudication of a ground challenging the validity of re-opening of assessment under section 147 of the Income Tax Act in the order of the Tribunal dated 30.03.2012.
Analysis:
The Appellate Tribunal received a Miscellaneous Application from the assessee regarding the order in ITA Nos.740 to 744/PN/2010 for assessment years 2002-03 to 2006-07. The applicant contended that a mistake apparent from the record under section 254(2) of the Income Tax Act had occurred in the Tribunal's order dated 30.03.2012. The applicant highlighted that a Ground challenging the validity of re-opening of assessment under section 147 of the Act was not addressed by the Tribunal. Additionally, it was mentioned that the matter concerning the deduction claim under section 80-IA of the Act was remanded to the CIT(A) for a fresh decision.
The Departmental Representative for the Revenue did not dispute the applicant's assertion that the Tribunal had not adjudicated the Ground of Appeal related to the validity of re-opening of assessment under section 147 of the Act. In light of this, the Tribunal decided to recall its order dated 30.03.2012 for the specific purpose of addressing the aforementioned ground raised by the assessee. The appeals of the assessee were directed to be presented before a regular Bench for a hearing specifically on the issue of the validity of re-opening of assessment under section 147 of the Act. Consequently, the Miscellaneous Application of the assessee was allowed for this purpose.
The order was pronounced in the open Court on 04th December 2014 by G. S. Pannu, the Accountant Member of the Tribunal.
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