Champalal Omprakash v. ITO (2024) 159 taxmann.com 1397 / 228 TTJ 513 / 235 DTR 113 /38 NYPTTJ 84 (Kol)(Trib)

S. 147: Reassessment-Objection not disposed by the Assessing Officer-Reassessment is bad in law-Power of enhancement with the CIT(A) cannot cure the defects of non disposal of objection by the Assessing Officer. [S. 148, 251]

Tribunal held that the AO has not disposed  the objection raised by the Asseessee  hence reassessment is bad in law. Tribunal also held that the powers of the CIT(A) were co-terminus with that of the AO, and he himself rejected the assessee’s objections to reopening of assessment is not justified. Power of reopening of assessment is specifically vested with the AO only. It is the AO who has to form the belief that income of the assessee has escaped assessment. Followed PCIT v. Sambuddha Tracon (P) Ltd. (ITAT No. 90 of 2022 & IA No. GA 2 of 2022, dt. 15th Nov., 2022) (Cal)(HC). (AY.  2010-11,  2011-12)

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