TaxTMI 
TaxTMI 
2018 (1) TMI 1617
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....itted by the Ld.AR that the assessee had filed return of income for the relevant AY 2006-07 on 28.08.2006 admitting a loss. It was a submission that the assessment came to be completed u/s.143(3) on 24.11.2008 accepting the returned income. It was a submission that the assessment came to be re-opened by issuance of notice u/s.148 on 28.03.2013. The assessee had requested for the copy of the reasons recorded. It was a submission that the reasons recorded have not been given to the assessee before the assessment was completed. The Ld.AR filed an Affidavit to the said effect that the reasons recorded for reopening of the assessment had not been given until the completion of the assessment. In the Affidavit, assessee has mentioned the reasons r....
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....the assessment were not furnished to the assessee till the completion of the assessment, the re-assessment order cannot be upheld - CIT v. Fomento Resorts & Hotels Ltd.". The re-opening was liable to be annulled. He also relied upon the decision of the Hon'ble Bombay High Court in the case of IDBI Ltd., reported in (2016) 97 CCH 0021 MumHC. He also relied upon the decision of the Co-ordinate Bench of this Tribunal, Hyderabad Bench, in the case of S.Prasad Raju reported in 96 TTJ 0832 and the Mumbai Bench in the case of Tata International Ltd. reported in 52 SOT 0465. The Ld.AR further submitted that the decision of the Hon'ble High Court of Madras in the case of M/s.Jayanthi Natarajan in WP No.1905/2017 dated 14.09.2017 has held in Para No....
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....asons recorded and consequently, the same should have been provided. 6. We have considered the rival submissions. A perusal of the order of the Ld.CIT(A) clearly shows that the Ld.CIT(A) has attached the scanned copy of the letter of the assessee requesting for the reasons recorded for the purpose of re-opening on which it was mentioned that "ITI please put up and convey the reasons" and signed on 22/10. Admittedly, the notice u/s.148 dated 28.03.2013, the Assessment Order is dated 26.03.2014, one of the dates of hearing recorded in the Assessment Order is 22/10/2013. However, after 22/10/2013, the next date of hearing is 28.02.2014, after a gap of nearly four months. The Revenue has not been able to produce any evidence to show that the r....