Venkateswar Medicare Pvt. Ltd. Vs ITO (ITAT Kolkata)
ITAT Kolkata held that reopening of assessment framed u/s. 148A(d) without application of mind and without controverting the explanation of the assessee is bad in law and is accordingly being quashed. Thus, appeal of the assessee allowed.
Facts- Present appeal has been preferred by the assessee against order of CIT(A). In this appeal, the only issue pressed at the time of hearing was in respect of the jurisdiction of the AO issuing notice u/s. 148 and framing the assessment accordingly u/s. 147 read with section 144B of the Act which is non-est and bad in law.
Conclusion- Undoubtedly the notice has been issued by ITO, Ward-2(1), Kolkata who is a non- jurisdictional ITO and it should have been issued by the officer of the rank of ACIT/DCIT. Besides, the decision of Hon’ble Apex Court in the case of DCIT (Exemption) & Vs. Kalinga Institute of Industrial Technology, Special Leave to Appeal (C) No(s). 29304/2019 and WP(C) No. 898/2017 as relied on by the Ld. DR to defend his arguments is not applicable as the assessee has objected to the issuance of notice within 30 days from the issuance of the notice u/s 148 of the Act itself. Therefore, in our opinion, the assessment so framed is invalid for the want of jurisdiction. Accordingly, we quash the assessment made by the AO.
