TaxTMI 
TaxTMI 
2015 (7) TMI 190
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....nt. 2. The CIT(A) has erred on facts and in circumstances of the case by admitting the submissions of the assessee without verifying the same by way of calling the assessment record or a remand report under Rule 46A of the I.T.Rules. 1.1. The C.O. has been filed on the following grounds. "1. That having regard to the facts and circumstances of the case, Ld.CIT(A) has erred in law and on facts in confirming the action of Ld.AO in reopening the impugned assessment that too without assuming jurisdiction as per law and without recording valid reasons and without complying with the mandatory conditions of provisions of sections 147 to 153 of the Income Tax Act, 1961. 2. That in any case and in any view of the matter, the action of Ld.CIT(A) ....
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....hat the Ld.CIT(A) at page 9 of his order, admitted additional evidence. She argued that the assessee had not filed any evidence or document before the AO during the course of assessment proceedings except filing objections for reopening the assessment u/s 147 of the Act. She drew the attention of the Bench to the last page of the assessment order and submitted that in the absence of any details filed, the claim of the assessee remained unverified. She prayed that the issue should be set aside to the file of the AO for fresh adjudication, in view of a fresh claim made by the assessee. She relied on the judgement of Hon'ble Himachal Pradesh High Court in the case of CIT vs. Shree Kangra Steel Pvt.Ltd. reported in 320 ITR 691, and submitte....
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..... of Rs. 32.52 lacs were duly filed by the assessee company with the ITO, Ward 5(4), New Delhi who had forwarded these documents to the AO of the assessee company." 7.1. Thereafter he extracted the letters referred to above dated 20.3.2006 and written submissions dt. 25.11.2011 and concluded as follows. "Perusal of the above chart clearly shows that the assessee company received Rs. 55,02,380/- during the year under consideration consisting of Rs. 22,50,000/- on account of sale of factory land Rs. 7,50,000/- as loan from M/s Swarnim Credit & Holding Ltd. And the balance of Rs. 25,02,380/- on account of sale of books etc. Out of the amount of Rs. 55,02,380/-, the assessee has given loan of Rs. 16,00,000/- to M/s Swarnim Investment & Financ....
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....minations, except Rs. 3,80,000/- received on 9.10.2002 from M/s Manas Publication, Rs. 2,46,000/- received from M/s Indian Publisher and Distributors on 9.10.2002, Rs. 2,47,000/- received from M/s Officer Books on 9.10.2002 and Rs. 1,90,000/- received from M/s Goel Polymers Pvt.Ltd. on 9.10.2002 which are by way of total 111 small DDs of Rs. 19,500/- each and these DDs had been purchased by payment of cash by various parties as per details given in the assessment order. In respect of the above sale proceeds totaling Rs. 10,63,000/- (Rs.3,80,000/- + Rs. 2,46,000/- + Rs. 2,47,000/-) which was received by small denomination DDs, the assessee has furnished confirmation from the purchaser parties along with ledger account copies before the AO as....