2010 (7) TMI 1130

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....iction exercised under section 147 by the ld. AO just on the premise and suo moto observation that there was no general information / roving enquiry; 2. Whether the ld. CIT (Appeals) was justified by going beyond the appellate record without even confronting the appellant or requiring the alleged details, on which basis section 147 was exercised by ld. AO; 3. Whether the ld. CIT (Appeals) was justified by upholding the assumption of jurisdiction under section 147 by the ld. AO specifically when there was "no satisfaction recorded" in the assessment order nor in the appellate order; 4. Whether the ld. CIT (Appeals) was justified by not affording a short adjournment requested on the fixed date i.e. 4/03/10 and not e....

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.... 133(6) dated 21st November, 20087 by Regd. Post, which was received back un-delivered with the postal remark that there was no such person of that identity at the given address. Since the assessee was not cooperating the assessing officer thus completed assessment on 22nd December, 2008 by making addition of the amount of gifts as unexplained. Likewise, the assessing officer also found deposits of Rs. 28,50,000/- in the bank by cheque. The assessing officer added the amount of Rs. 24,80,000/- by reducing the gift amount of Rs. 4,00,000 from the deposits found in the bank account. 5. On appeal before the ld. CIT (Appeals) the assessee took ground regarding assumption of jurisdiction under section 148 of the Act. It was contended that the....

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....see raised objection for reopening of assessment. As per the decision of Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. Vs. ITO (2003) 259 ITR 19 (SC), the assessing officer was required to furnish reasons within a reasonable time. The noticee was entitled to file objections to issuance of notice and the assessing officer was bound to dispose of the same by passing a speaking order. Since in the instant case, the assessing officer had not passed speaking order on the objections filed, the order passed by the assessing officer is bad in law and deserves to be quashed. 7. On the other hand, the ld. Sr. DR submitted that the assessee filed letter dated 22nd December, 2008 on 24th December, 2008 seeking copy of the objecti....