AI Drafter 
TaxTMI 
TaxTMI 
TaxTMI 
2020 (2) TMI 518
X X X X Extracts X X X X
X X X X Extracts X X X X
....ncome Tax, and quashed the reassessment proceedings for the Assessment Year 2008-09 in the case of the Assessee, despite the objection raised by the Revenue before the learned Single Judge that against the impugned reassessment order, dated 2 March 2016, a remedy by way of appeal was available for the Assessee. 2. The reasons assigned by the learned Single for allowing the writ petition are quoted below for ready reference :- 14.1. A perusal of the communication dated 9 November 2010, would show that the petitioner had in no uncertain terms given the entire details, which included the following : (i) The area of the land, which was stated as 1.59 Acres. (ii) The location. (iii) The date of its purchase and the fact that it was p....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he ambit of the provisions of Section 147 of the Act, which vested upon him the power to reassess the income and not "review" the subject transaction. (See Commissioner of Income Tax V. Kelvinator of India Limited, (2002) 256 ITR 1 (Delhi FB), and also Commissioner of Income Tax V. Kelvinator of India Ltd., (2010) 320 ITR 561 (SC). 14.5. Ms.Muralikrishnan's submission that, since, there was no discussion qua the sale of the Kovalam property, in the assessment order dated 30.11.2010, the respondent, therefore, was not barred from reexamining the subject transaction, even though, the information with regard to the same, was available to him - in my view, is untenable proposition, in the given facts and circumstances. The record s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rmitted under Section 147/148 of the Act. 4. Accordingly, we had summoned the original records from the Department and the learned Counsel for the Revenue produced the same. The said letter dated 9 November 2010 prima facie appears to have been filed only as annexure 2(a) of the Reply to the notice under Section 147/148 of the Act with the detailed objections filed by the Assessee on the letter head of his Authorized Representative - Chartered Accountant M/s.Nizar & Kumar. Separately, we do not find the said letter dated 9 November 2010 previously filed by the Assessee on the record of the Revenue. The order sheet of the Assessing Authority at the time of the original assessment under Section 143(3) of the Act to the relevant extent c....
X X X X Extracts X X X X
X X X X Extracts X X X X
....11.2010 @ 4.oo p.m. Sd/- Sd/- A.R. Assessing Officer ----------------------------------------------------....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ember 2010 in original, would have been found in the assessment record produced before us, but it is not there. 6. The copy of the said communication dated 9 November 2010 now produced with the Affidavit by Chartered Accountant Mr.A.P.Kumar dated 19 January 2020 also bears an endorsement by Chartered Accountant, "handed over in person" on 9 November 2010. But such an endorsement is not found in the copy of this letter filed with the original typed set filed by the Respondent/ Revenue Department. 7. Prima facie therefore, without expressing our any opinion on the same, we are not inclined to rely on the said letter dated 9 November 2010, to be available on the record of the Assessing Authority on 9 November 2010 itself. It may be a mat....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n' is based. 10. In these circumstances, we feel that the learned Single Judge ought to have upheld the objection of the Revenue and relegated the Assessee to the regular Appellate remedy available to the Assessee against the impugned Reassessment Order under Section 147/148 of the Act for the Assessment year 2008-09. 11. The learned Counsel for the Assessee Mr.N.Muralikumaran also fairly submitted before us that even at this stage, the Assessee may be allowed to avail his remedy by way of appeal before the First Appellate Authority viz., CIT (Appeals), to which the learned Counsel for Revenue Ms.Hema Muralikrishnan also does not have a serious objection. 12. We are inclined to accept the said submission of the learned Counsel ....