2014 (8) TMI 1233

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..... Since the issues involved in all the appeals are more or less identical, they are taken up together for the sake of convenience. 2. The Ld. Counsel Mr. K.C. Devdas filed before us a chart to highlight that most of the grounds are identical and in particular, disposal of the ground nos.1 & 2, concerning the validity of reopening of assessment, would serve the purpose since, in his opinion, the assessments were sought to be reopened without recording any reasons to believe that the income of the assessees herein escaped assessment. The Ld. Counsel has filed brief written submissions to highlight that the notices were issued for the assessment year under consideration beyond a period of 4 years from the specified period relevant to the asse....

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....r of the Tribunal in paras 18 to 20 is reproduced here: "18. To conclude, I. The recording of reasons before the issue of notice under section 148 has absolutely no nexus with the assessment made. II. That the assessment made under sec.143(3) cannot be reopened under sec.148 beyond period of 4 years as there is no failure on the part of the assessee to disclose fully and truly all the material facts in the original assessment itself. III. The Assessing Officer had no tangible material to come to the conclusion that there was escapement of income from the original assessment. IV. The reopening was on wrong foundation of reasoning of the financial implication between the assessee-company and M/s. Satyam Computer Services Limited....

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....aras No.18 and 19, we allow assessee's grounds on the issue of reopening raised before us from grounds 1 to 11. Since, we have allowed the assessee's grounds on grounds 1 to 11, the other grounds on merits of the additions does not require any consideration as they become academic in nature. Accordingly, we allow the appeal ITA No.1233/Hyd/2011 of the assessee." 3. The Ld. Counsel also placed before me a copy of the order of the ITAT "A" Bench, Hyderabad in the following cases: (WTA No.2/Hyderabad/2010 and group dated 8.1.2014), wherein I am also a party, to submit that based on the reasoning given in the earlier order of the Tribunal, the bench concluded that it is the duty of the assessing officer to record valid reasons for reopening ....