Assessee's Appeals Dismissed, Tribunal Affirms Finality of Decisions

The Tribunal dismissed both appeals filed by the assessee, affirming that the issues raised had already been adjudicated and that the AO was justified in giving effect to the Tribunal's order. The Tribunal emphasized the finality of its previous decisions and the lack of jurisdiction for re-adjudication by the AO or CIT(A).

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Issues Involved:
1. Validity of the reopening of assessment.
2. Issuance of notice under section 143(2) within the limitation period.
3. Validity of the order giving effect to the Tribunal's order without deciding the pending petition under section 154.
4. Jurisdiction of the effect order vis-`a-vis the assessment order.
5. Dismissal of additional grounds relating to the validity of reopening of assessment.

Detailed Analysis:

1. Validity of the reopening of assessment:
The assessee contended that the reopening of the assessment was bad in law and that the notice under section 143(2) was not issued within the limitation period. The Tribunal had previously dismissed these contentions in its order dated 10.03.06. The Tribunal reiterated that the issues raised by the assessee had already been considered and decided against the assessee. The Tribunal emphasized that the AO had obtained the necessary approvals for reopening the assessment and that the assessee had participated in the proceedings without raising objections at the relevant time.

2. Issuance of notice under section 143(2) within the limitation period:
The Tribunal found that the notice under section 143(2) was issued beyond the prescribed period. However, the Tribunal noted that this issue had already been addressed in previous miscellaneous applications, which were dismissed. The Tribunal held that the AO's issuance of the notice was valid and that the assessee's participation in the proceedings without objection precluded them from raising this issue later.

3. Validity of the order giving effect to the Tribunal's order without deciding the pending petition under section 154:
The Tribunal held that the AO was justified in giving effect to the Tribunal's order dated 10.03.06, even though the assessee's petition under section 154 was pending. The Tribunal emphasized that the AO was duty-bound to give effect to the Tribunal's order and that the pending petition under section 154 did not prevent the AO from doing so. The Tribunal also noted that the application under section 154 was filed beyond the limitation period of four years and that the AO had no jurisdiction to decide the application on matters already adjudicated by the Tribunal.

4. Jurisdiction of the effect order vis-`a-vis the assessment order:
The Tribunal dismissed the assessee's contention that the effect order dated 20.03.07 was invalid due to the pending petition under section 154. The Tribunal reiterated that the AO was required to give effect to the Tribunal's order and that the pending petition under section 154 did not affect the validity of the effect order.

5. Dismissal of additional grounds relating to the validity of reopening of assessment:
The Tribunal dismissed the additional grounds raised by the assessee regarding the validity of the reopening of the assessment. The Tribunal noted that these issues had already been adjudicated in the rectification applications, which were dismissed by the Tribunal. The Tribunal held that the findings had become final and that neither the AO nor the CIT(A) had jurisdiction to re-adjudicate these issues.

Conclusion:
The Tribunal dismissed both appeals filed by the assessee, affirming that the issues raised had already been adjudicated and that the AO was justified in giving effect to the Tribunal's order. The Tribunal emphasized the finality of its previous decisions and the lack of jurisdiction for re-adjudication by the AO or CIT(A). The Tribunal's order was pronounced in the open court on 28th February 2014.

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