AI Drafter 
TaxTMI 
TaxTMI 
2020 (12) TMI 455
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....pose of initiating reassessment proceedings, e) Ld. Pr. CIT had granted approval for reopening the case in a mechanical way without due application of mind. 2.1 Apart from the above, assessee had also raised grounds challenging the computation of capital gains by the ld. AO in merits and also on the ground that claim of deduction u/s 54F made by the assessee was rejected without adducing proper reasons. 3. We have heard the rival submissions and perused the material available on record. We find that the ld. AR made elaborate arguments on each of the aforesaid technical issues challenging the validity of reopening of assessment together with its supporting case laws. 3.1 We find that the ld. DR duly defended the said arguments by way of explaining the modus operandi adopted by the department whenever any information as received by it from an external source or from an internal source and the procedure adopted by the department for the purpose of initiating reassessment proceedings in the prescribed proforma for obtaining sanction/approval from the ld. Pr. CIT in terms of section 151 of the Act. 3.2 We find that the assessee has raised additional grounds of appeal before ....
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..... Hence, the assessment stood terminated/completed as per the understanding of the assessee. This return was filed by mentioning the following address of the assessee: Flat No. A4, Sagar Enclave, Akbar road, Diamond Point, Hyderabad - 500 009. The assessee being in service had filed his return of income with Range - 13(3) (Salary Ward). Accordingly, the jurisdiction of the assessee's case vests with ITO, Ward - 13(3), Hyderabad. Meanwhile, assessee shifted his residence from Sagar Enclave, Akbar Road to Flat No. 107, Mani Residency, Mani Enclave, JJ Nagar PO, Yapral, Secunderabad - 500 087. The change of address was duly intimated to the ITO, Range - 13(3) by the assessee by way of written communication. The assessee had also taken steps to modify his address in the PAN Portal vide letter dated 16/08/2013. Accordingly, PAN Portal had also taken note of the same and assessee had obtained a new PAN Card with colour photograph on 16/08/2013. 4.1 We find that the case records were also called for in the instant case and the same were duly submitted by the assessee at the time of hearing. We also find that the necessary documents which are required to be verified....
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....hich was served on the assessee on 20/07/2017 and also requesting for reasons recorded for reopening the assessment. Transfer of records of the assessee in the prescribed proforma by the OTO, Ward - 10(1), Hyderabad to ITO, Ward - 13(3), Hyderabad on the ground that the jurisdiction of the assessee vests only with ITO, Ward - 13(3(), Hyderabad. Form 16A generated from TDS Centralized Processing Cell (Traces) for AY 2014-15 issued by SBI, Mudfort Branch to the assessee mentions that changed addressee i.e. Mani Residency in respect of tax deducted on interest paid on deposits. It is pertinent to note that the changed address of the assessee i.e. Mani Residency address gets notified in the traces once PAN portal is duly intimated the change of address. TDS received for AY 2013-14 addressed to the assessee in the old address i.e. Sagar Enclave, Akbar Road address in view of the fact that PAN Portal was intimated by the assessee regarding change of address only on 16/08/2013. Hence, traces Form 16 was generated mentioning old address of the assessee. 04/09/2017 Assessee's letter from the new address, addressed to ITO, Ward - 10(1), Hyderabad ....
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....ought to restart the process of service of notice u/s 148 of the Act at the correct address of the assessee only on 19/07/2017. The period of delay from the side of the ld. AO from 09/04/2017 to 19/07/2017 does not stand explained. Normally, any notice that is issued by the IT Department gets served on the assessee within a period of one week from the time of issue of notice after completing the necessary documentation in that regard. But, in the instant case, it is very peculiar that the notice u/s 148 had been served on the correct address of the assessee only on 20/07/2017 after starting the process on 19/07/2017. In the present case, there cannot be any allegation that could be levelled on the assessee of non-intimation of the change of address to the IT Department. As can be seen from the aforesaid chronology of list of dates and events, assessee had duly intimated the new address to the IT Department and had changed the address in the PAN Portal and that several documents, such as, generation of TDS certificate by SBI given to the assessee mentioning the new address of the assessee as narrated in the aforesaid table and that several letters were even addressed by the jurisdic....