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Hyundai Heavy Industries Company Ltd. c/o M/s Hemant Arora & Co.,1, Tyagi Road, Dehradun V/s. ADIT,International axation,Dehradun.
September, 14th 2012
        IN THE INCOME TAX APPELLATE TRIBUNAL DELHI `C' BENCH
           BEFORE SHRI A.N. PAHUJA, AM & SHRI C.M.GARG, JM

                                 ITA No.6066/Del/2010
                              Assessment year:2002-03

Hyundai Heavy Industries   V/s .    ADIT,International
Company Ltd. c/o M/s                Taxation,Dehradun.
Hemant Arora & Co.,
1, Tyagi Road, Dehradun
                       [PAN : AAACH 5727Q]

(Appellant)                                              (Respondent)

                Assessee by           Shri O.P.Sapra, AR
                Revenue by            Shri D.K.Gupta, DR


                 Date of hearing                    12-09-2012
                 Date of pronouncement              12-09-2012





                                     ORDER


 A.N.Pahuja:- This appeal filed on 30.12.2010 by the assessee against an order
 dated 29.10.2010 of the A DIT, International Taxation, Dehradun read with order
 dated 30.09.2010 of the Dispute Resolution Panel-II, Delhi[DRP in short], raises
 a number of grounds ,including           in respect of validity of     initiation of
 reassessment proceedings u/s 147 of the        Income-tax Act, 1961 (hereinafter
 referred to as the Act) with the issue of a notice u/s 148 of the Act on 30.3.2009.


 2.    At the outset, the ld. AR pointed out that the assessee filed a writ petition
 before the Hon'ble Uttarakhand High Court in WP no.(MS) 2070 of 2009 and the
 Hon'ble High Court vide their order dated 4.5.2012 quashed the notice dated
 30.3.2009 issued u/s 148 of the Act, in the following terms:
    " We presently have a case before us where admittedly reassessment
 proceedings have been initiated after a period of four years from the end of the
 relevant assessment year and the revenue has not been able to show either in
 the "reason" supplied by it to the assessee or even before this court that the
                                           2                    ITA no.6066/Del./2010


income has escaped assessment due to failure on the part of the assessee
to"disclose fully & truly all material facts", this court is of considered view that the
proceedings initiated against the petitioner company under Section 147/148 of
the Income Tax Act are wholly without jurisdiction and so are orders passed
therein.
In view of the aforesaid, the court is of the considered view that the Assessing
Officer committed an error in reopening the assessment proceedings under
Section 148 read with section 147 of the Act. The notice dated
30.3.2009[Annexure-P-1) issued under section 148 of the Act being in violation of
proviso to Section 147 of the Act is liable to be quashed and is hereby quashed.
Consequently notice dated 17.11.2009(Annexure-P2) is also quashed. The writ
Petition is accordingly allowed."

3. The ld. DR            was also handed over a copy of the aforesaid
decision.





4. In view of the foregoing, when the notice dated 30.3.2009 issued
u/s 148 of the Act, itself has been quashed by the Hon'ble
jurisdictional High Court, all the subsequent proceedings                          are
without jurisdiction and thus, liable to be struck down . In view
thereof, various      grounds raised in this appeal become infructuous.


5.             In result, appeal is dismissed as infructuous.
                   Order pronounced in open Court

             Sd/-                                              Sd/-
        (C.M.GARG)                                      (A.N. PAHUJA)
     (Judicial Member)                               (Accountant Member)

Copy of the Order forwarded to:-
1. Assessee
2. A.D.I.T., International Taxation,Dehradun.
3. CIT concerned.
4. DRP-II, New Delhi
5. DR, ITAT,'C' Bench, New Delhi
6. Guard File.
                                            By Order,

                                                  Deputy/Asstt.Registrar
                                                     ITAT, Delhi
 
 
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