RELQ SOFTWARE PVT LTD Vs. INCOME TAX OFFICER
LAWS(IT)-2008-5-3
INCOME TAX APPELLATE TRIBUNAL
Decided on May 16,2008

Appellant
VERSUS
Respondents

JUDGEMENT

N.L. Kalra, A.M. - (1.) THE assessee has filed an appeal against the order of the learned CIT(A)-III, Bangalore dated 30-03-2007.
(2.) The first grievance of the assessee is that the learned is that the learned CIT(A) has not adjudicated the issue of reopening of the assessment. It is being argued that the condition precedent for re-opening is absent. In the assessment order, the AO has mentioned that the case was selected for scrutiny and notices Under Section 143(2)/142(1) were issued. In. col. 12 of the assessment order, the AO has mentioned that the assessment is completed Under Section 143(3) read with Section 147. Date of assessment order is 01-09-2006. A perusal of the assessment order does not indicate the reasons on the basis of which a notice Under Section 148 was issued. Nothing has been brought on record by the assessee that it requested for copy of the reasons recorded for issuing of notice Under Section 148. Ground of appeal raised before the learned CIT(A) that the condition precedent for re-opening is absent. This ground of appeal has not been disposed off by the learned CIT(A). Hence, it is clear that when an issue has not been adjudicated by the learned CIT(A) and the facts on record are not there for us to dispose off such appeal then we have no alternative but to set aside this issue on the file of the learned CIT(A). Accordingly, this issue is restored back on the file of the learned CIT(A) to dispose off this issue as per law.
(3.) THE second grievance of the assessee is that the learned CIT(A) has erred in confirming the finding of the AO that the brought forward loss of non-STPI Unit should be adjusted against profit of STPI Unit and the balance should be allowed as exemption/deduction.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.