It is necessary to clear the air about the judicial precedent of “reassessment of Assessee”. The Income Tax Appellate Tribunal (ITAT), Delhi Bench held that the Whole Reassessment proceeding is not Valid if the Assessee is stopped from asking against Reassessment.
The person who has been reassessed has put forth the point that Commissioner Of Income-Tax (Appeals) {CIT(A)} has mistaken in dual aspect i.e. mistake in law and in facts of the case while the reassessment proceedings were upheld and consequentially order of reassessment has been given on the reasoning that impugned reassessment order has been issued/passed in the absence of providing a copy of reasons along with satisfaction note of approving authority under section 148 and section 151 of Income Tax Act despite the fact that specific request was made by aforesaid appellant during assessment proceedings. As a consequence, the resultant order of reassessment is not reasonable and needs to be quashed.
The Coram of Bhavnesh Saini and B.R.R. Kumar after examining the totality of the facts and circumstances reached a conclusion that the assessee was not given a copy of the reasons for the purpose of reopening of the assessment and satisfaction as per section 151 of the Act despite the fact that demand was made by the assessee in writing before Assessing Officer (AO). Furthermore, The Income Tax Appellate Tribunal (ITAT) told that the assessee was excluded from putting forth the objection against opening again/reopening of the assessment at assessment proceedings. In conclusion, The “right of the assessee” has been ignored by the concerned authorities
Accordingly, the tribunal held that the whole reassessment proceedings are invalid, nullity, and bad in law. And The entire reassessment is quashed.
