2005 (2) TMI 461

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....quently to bring to tax the profit on sale of land under the head business income earlier assessed as capital gains. This was challenged by the assessee before the CIT(A) who dismissed the appeal upholding the initiation of proceedings under s. 148 of the Act. An appeal was filed before the Tribunal without taking a specific ground regarding invalidity of the initiation of proceedings under s. 148 of the Act as probably the assessee thought that this was covered by the general ground. Since the assessee considered it necessary to take a specific ground on the validity of the proceedings under s. 148, it is prayed for admission of the additional grounds which are purely legal in nature and do not require any fresh investigation into facts. ....

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....cumstances of this case are totally different from the facts of the case laws referred to in her order. 3. On the other hand, the learned representative for the Revenue countered to say in brief, by defending the order impugned besides opposing the preliminary point of objection for reopening of the assessment. 4.1 Rival submissions heard and relevant orders read including the copies of the papers filed in the form of paper book by and on behalf of the assessee on record, i.e., computation of total income in the assessment order, letter dt. 7th July, 1992, of the AO, reply dt. 16th July, 1992, of the assessee, original assessment order dt. 31st July, 1992, letter dt. 1st May, 1995 of the assessee in reply to notice under s. 148, dt. 2....