2019 (1) TMI 1472

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....ment has failed to provide the reasons for reopening without appreciating the fact that the procedural regularity, if any was automatically rectified when the assessee has participated in the appellate proceedings as envisaged by the Hon'ble Allahabad High Court in the case of CIT Vs. Hrsingar Gutkha Pvt Ltd (2014) 44 Taxmann.com 101 (Allahabad) and ITO Vs. Varia Pratik Engineering (2009) 17 DTR (AHD)(Trib.)?"   (b) Whether on the facts and in the circumstances of the case and in law, the Tribunal is right in holding that the assessment passed under Section 143 read with Section 147 of the Income Tax Act, 1961 is invalid by stating that the department has failed to provide the reasons for reopening without appreciating the fact th....

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....er for both the years under consideration." The view adopted by the Tribunal is consistently followed by this Court. Reference in this regard is made to the case of CIT Vs. Videsh Sanchar Nigam Ltd. [2012] 21 taxmann.com 53 (Bombay) in which the Court observed as under:- 2. The finding of fact recorded by the Income Tax Appellate Tribunal is that in the present case the reasons recorded for reopening of the assessment though repeatedly asked by the assessee were furnished only after completion of the assessment. The Tribunal following the judgment of this Court in the case of CIT V/s. Fomento Resorts & Hotels Limited; IT Appeal No. 71 of 2006, dated 27-11-2006, has held that though the reopening of the assessment is within three years fro....