TaxTMI 
TaxTMI 
2015 (12) TMI 825
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....ence we extract the grounds of appeal raised by them. ITA No. 317/LKW/2015 for AY 2005-06 (Revenue's appeal) In this appeal, the Revenue has raised the following grounds: "1. The Commissioner of Income Tax (Appeal) has erred in law and on facts in deleting the addition of Rs. 3,06,37,641/- made on account of disallowance of deduction u/s 80IA of the I.T. Act, ignoring the legal position enumerated in Explanation-3 & 4 of Section 147 that the Assessing Officer can assess or reassess the income in respect of any issue, which has escaped assessment, and such issue comes to his notice subsequently in the course of proceedings u/s 147, notwithstanding that the reasons for such issue have not been included in the reasons recorded under subsec....
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....ilure on the part of the assessee in making full and true disclosure of the material facts. (iv) Because the Ld. A.O. was not in possession of any independent materials to form his belief that there was escapement of income. (v) Because notice u/s 148 of the Act was issued on the basis of case authorities delivered by High Court and not on any belief of the Ld. A.O. of his own. 3. The Ld. CIT(A) erred on facts and in law in confirming the addition 5,53,31,477/-made by the Ld. A.O. in the hands of the appellant ignoring the facts of the instant case that the expenses incurred by the appellant on temporary erection /accommodation is fully allowable expenditure . 4. On the undernoted facts, the Ld. CIT(A) was not at all justified in ....
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....e relevant year expenses under the head "Shuttering, Sheltering and scaffolding "had been allowed. (iv) Because there has not been any change in the method of accounting during the current year being followed by the assessee corporation since long. 7. The Ld. A.O. erred on facts and in law in not providing the appellant reasonable and sufficient opportunity to have its say and to make compliances of the reasons being relied upon by him in making addition in the hands of the appellant. 8. The appellant reserves it right to advance such other grounds before or at the hearing, which it may consider fit and appropriate, for which it craves leaves to amend, alter or otherwise modify the grounds appearing hereinbefore with the kind permiss....
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....ced reliance upon the judgments in the cases of Arun Gupta Vs. Union of India reported in 371 ITR 394 (Alld.), Tao Publishing (P.) Ltd. Vs. DCIT reported in 53 taxmann.com 146 (Bombay) and in the case of ACI Oils (P.) Ltd. Vs. DCIT reported in 57 taxmann.com 260 (Alld.). 4. Ld. DR on the other hand, has placed a reliance upon the order of the CIT(A). 5. Having carefully examined the orders of the lower authorities and the material available on record in the light of rival submission, we find that undisputedly, the assessment order involved is 2005-06 and the reopening was done vide notice dated 27.07.2012. The reasons recorded were provided to the assessee vide letter dated 27.07.2012 and from its careful perusal, we find that the Assessi....
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....r his assessment for that assessment year. If a notice u/s 148 has been issued without the jurisdictional foundation u/s 147 being available to the Assessing Officer, the notice and the subsequent proceedings would be without jurisdiction and would be liable to be quashed in a writ jurisdiction. Similar views were expressed in the judgment of the Hon'ble Bombay High Court in the case of Tao Publishing (P.) Ltd. Vs. DCIT (Supra) and the judgment of the Hon'ble jurisdictional High Court in the case of ACI Oils (P.) Ltd. Vs. DCIT (Supra). 7. Undisputedly in the instant case, nothing has been brought out by the Assessing Officer that income chargeable to tax has escaped assessment on account of failure on the part of the assessee as the assess....