2017 (6) TMI 589

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....conditions precedent for the issue of' notice u/s. 148 of the Act being absent , the re-opening of assessment becomes had in law and consequent ly the order as passed/confirmed being also bad in law is required to be quashed. 2.2 In any case, the impugned order passed without complying the legal formalities required u/s 147 of' the Act, become had in law and is required to he quashed. 3.1 In any case the order passed in gross violation of the principles of natural justice and fair play, especially in the absence of the cross examinations of the persons whose averments are sought to be relied upon by the Assessing Officer while passing the order, make the order totally bad in law and liable to be cancelled. 3.2 The learned C....

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.... facts and law is to be disregarded. 5.2 The several observations made and various conclusions drawn by the lower authorities in the course of order are without basis and evidence and are made/drawn on surmises, probabilities and conjectures. Such observations and conclusions by quasi-judicial authorities have no support in law and deserve to be rejected in toto. 6. The appellant denies the liability to pay interest . The interest having been levied erroneously is to be deleted. 7. In view of the above and other grounds to be adduced at the time of hearing it is requested that the impugned order be quashed or atleast the addition made by treating the purchase consideration as unexplained expenditure is to be deleted, income as retu....