2018 (1) TMI 193

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....C. 1 Heard the learned counsel appearing for the appellant - revenue. He has pressed into service the following substantial questions of law : "(1) Whether on the facts and in the circumstances of the case and in law, ITAT was justified in annulling the assessment proceedings where the assessee has never objected during the course of assessment proceedings regarding the validity of not....

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....ssessing Officer issued a notice under Section 148 on 30th March, 2010 whereas he recorded reasons for reopening the assessment on 31st March, 2010. The CIT (A) held that recording of reasons was sine qua non for issuing a notice under Section 148 of the said Act. Therefore, the first Appellate Authority proceeded to set aside the reassessment made by the Assessing Officer. Being aggrieved by the ....

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....itted that this was sufficient compliance with SubSection (2) of Section 148 of the said Act. He would, therefore, submit that the proceedings were not initiated on the basis of the notice dated 30th March, 2010. 4 We have given careful consideration to the submissions. An Appeal against the order of Assessing Officer was preferred by the respondent - assessee on 25th January, 2011. During the ....

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....s on 30th March, 2010, in fact the reasons were signed by him admittedly on 31st March, 2010. The Appellate Tribunal, in our view, rightly held that the process of recording reasons as per the mandate of Sub-Section (2) of Section 148 of the said Act was completed when the Assessing Officer signed the reasons on 31st March, 2010. Thus, even before recording reasons under his signature, a notice un....