2010 (7) TMI 1033

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...., JM This appeal preferred by the assessee is directed against the order of the Ld. CIT(A), Kolkata dated 19.10.2009 for the assessment year 2006-07 on the following grounds of appeal : "1) That the Commissioner of Income-tax (Appeals) was wrong in not holding that the Assessing Officer's initiation of proceeding under section 147 had been bad in law and thus he erred in confirming the Assessing....

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....s and thus he erred in confirming the addition of ₹ 6,56,554. 5) That the appellant craves leave to add, alter or withdraw any ground or grounds of appeal at or before the hearing of the appeal." 2. Ground Nos. 1 and 2 are against the action of the Ld. CIT(A) in confirming the AO's action in making the assessment u/s. 143(3)/147 of the I. T. Act. Briefly stated facts of the case are that t....

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....pement. He will have to look into the return to see whether there is escapement or not. Income can be said to have escaped assessment only if it is noticed after the proceedings have been terminated either by way of assessment under section 143(3) or when the time limit for issue of notice u/s. 143(2) has expired. If such time has not expired, it cannot be termed as escapement and the AO cannot re....

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....e submissions of the Ld. Counsel that unless the return filed by the assesee is scrutinized by the AO, he cannot come to the conclusion of any escapement. He will have to look into the return to see whether there is escapement or not. Income can be said to have escaped assessment only if it is noticed after the proceedings have been terminated either by way of assessment under section 143(3) or wh....