Tribunal admitted the issue of reassessment raised by orally in the appeal filed by the Revenue against the deletion of addition on merits. Reassessment is quashed on change of opinion. The Tribunal held that the Respondent can raise the issue of validity of reassessment in an appeal filed by the Revenue. The issue can be raised by the Authorised representative orally at the time of hearing. Rule 27 of the ITAT Rules, 1963, does not propose raising the objection in writing, the assessee-respondent is well within his right to raise the same orally. Referred, Peter Vaz v. CIT (2021) 322 CTR 121,204 DTR 376 (Bom)(HC), CIT v Dehati Co-operative Marketing-cum-Processing Society (1979) 9 CTR 32 3, (1981) 130 ITR 504 (P&H)(HC) Sanjay Sawhney v. PCIT (2020) 316 CTR 392, 192 DTR 105 (Delhi)(HC) (AY. 2010-11)
ITO v. Bishambhar Dayal Agrawal (2024) 227 TTJ 38 (UO)/ 161 taxmann.com 1063 (Raipur) (Trib)
S. 254(1): Appellate Tribunal-Powers-Cross objection-Performance guarantee-Deposit-Jurisdictional issue-Ground raised orally-Validity of reassessment-Respondent can raise the issue orally-CIT(A) deleted the addition on merits-Revenue appeal-The Respondent can raise the grounds of validity of reassessment-Rule 27 of the ITAT Rules, 1963, does not propose raising the objection in writing-The respondent is well within his right to raise the ground orally-Reassessment is quashed on change of opinion. [S. 37, 69, 147, 148, ITAT R.1963, 27]