2018 (2) TMI 675

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....I) 1. These appeals arise in similar background involving the same assessee. We may record facts from Tax Appeal No. 993 of 2017. The appeal is filed by the Revenue to challenge the judgement of the Income Tax Appellate Tribunal dated 28.04.2017 by which, the Tribunal annulled the action of the department in reopening the assessee's assessment for the assessment year 2005-06. Originally, the....

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.... the factory premise of M/s. Shah Foils Pvt. Ltd at Santej, Kalol and Ambica Transport Services, Ahmedabad. During the course of statement, Director of assessee company Shri Kartik Shah submitted that the goods were being transported from their factory premise at Santej to Vasai/Bhayander, Maharastra instead of the destination mentioned on the invoice and the LR being the factory premises of M/s. ....

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....ing Officer and opposed the reopening as well as fresh assessment. The Assessing Officer proceeded to frame the assessment which was challenged before the CIT (Appeals). Appeal of the assessee was dismissed upon which, the issue reached the Tribunal. The Tribunal, by the impugned judgement, held that the notice of reopening was backed since the reasons recorded for issuing the notice lacked validi....

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....reproduced. We are in agreement with the view of the Tribunal. From the statement of the Director, it can be culled out that the finished goods manufactured by the assessee stated to have been sold to M/s H K Impex Pvt. Ltd would first reach the premises of M/s. H. K Impex Pvt. Ltd., Umbergaon from where under the instructions of the recipient the same would be diverted to Vasai or Bhayandar witho....