2022 (3) TMI 1563 - AT - Income Tax

Tribunal Overturns Flawed Assessment Order for 2011-12, Rules in Favor of Taxpayer After Overlooked Evidence.

M/s. Yokogawa India Ltd. Versus The Deputy Commissioner of Income Tax, LTU, Bangalore

The ITAT Bangalore, comprising Accountant Member Shri. Chandra Poojari and Judicial Member Smt. Beena Pillai, allowed the assessee's appeal and ... Rectification of mistake - validity of final assessment order as not conforming binding directions of ld. DRP - Tribunal has remanded the issue back of the Ld.AO/TPO with a direction to pass final assessment order in consonance with the DRP directions - reply by the Ld.AO expressing his inability to follow the DRP direction - HELD THAT:- We note that the above reproduced letter by the Ld.AO revels the intention very clearly. While passing the order [2021 (4) TMI 151 - ITAT BANGALORE] the above letter was missed to be considered. Therefore henceforth, para 11 of the impugned order shall be substituted saying assessment order to be bad in law and the same is quashed and setaside. Miscellaneous Petition filed by assessee stands allowed. Issues: Rectification of assessment order for assessment year 2011-12Analysis:The Appellate Tribunal ITAT Bangalore, consisting of Accountant Member Shri. Chandra Poojari and Judicial Member Smt. Beena Pillai, addressed a miscellaneous petition filed by the assessee seeking rectification of the order dated 08/03/2021 for the assessment year 2011-12. The counsel for the assessee argued that the Tribunal had remanded the issue back to the Ld.AO/TPO with a direction to pass the final assessment order in line with the DRP directions. The counsel pointed out an explicit mention in the paperbook on page 21 where the Ld.AO expressed inability to follow the DRP direction. The Ld.Sr,DR, on the contrary, relied on the observations of the Tribunal. Upon considering the submissions and records, the Tribunal noted that a letter by the Ld.AO, which was missed during the initial order, revealed a clear intention. Consequently, the Tribunal modified para 11 of the impugned order and held the assessment order to be bad in law, quashing and setting it aside. The appeal filed by the assessee was allowed on the legal ground raised for the assessment year 2011-12. The Miscellaneous Petition filed by the assessee was also allowed, with the order pronounced in open court on 11th March, 2022.