Single judge dismissed the writ against the objections filed in response to reassessment proceedings On appeal Division Bench held, that the amount received by the assessee from the two companies had been taxed in the AY. 2005-06 and had also been accepted by the assessing authority in his assessment order. Without considering this, the Assessing Officer had reopened the assessment under section 147 stating that the assessee had failed to truly and fully disclose the material particulars at the time of original assessment. The order of the single judge was set aside. The order of the Assessing Officer rejecting the objection filed by the assessee to the reopening of the assessment was accordingly set aside. The assessee was directed to submit all the material evidence along with additional objection before the assessing authority for consideration on the merits and passing an appropriate order in accordance with law. (AY. 2003-04)
Revathi Equipment Ltd. v. ACIT (2022) 443 ITR 262 (Mad.)(HC) Editorial: Decision of single judge in Revathi Equipment Ltd. v. ACIT (2021) 435 ITR 543 / 204 DTR 313/ 282 Taxman 232/ 204 DTR 313/ 322 CTR 703 (Mad)(HC) set side.
S. 147 : Reassessment-Collaboration agreements-Order of single judge set aside-Assessing officer directed to consider all the material and objections of the assessee. [S. 148, Art. 226]