2018 (3) TMI 936

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ircumstances of the case. 2. Because in any view, the proceeding u/s 147/148 of the I.T. Act is wrong, illegal and bad in law. 3. Because in any view, the addition confirmed by ld. CIT (A) of Rs. 2,17,800/- out of addition of Rs. 7,17,800/- is wrong, illegal & against the facts and law of the case. 4. Because in any view, the Id. CIT (A) has erred in not giving benefit for deduction u/s 54F and 54B taking the provisions of section 50C of the I.T. Act not applying on it. 5. Because in any view, the ld. CIT (A) has erred in confirming the interest charged u/s 234A, 234B & 234C, which is wrong and illegal." 2. The following additional ground has also been raised: "7. Because in any view, the Asse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-4(2), Agra, and that the assessment proceedings were accordingly continued by the ITO-4(2), Agra. 7. Therefore, it is evident from the assessment order itself that whereas the notice u/s 148 of the Act was issued on 09.03.2011 by the ACIT-I, Agra, who did not have jurisdiction over the assessee's case, the assessment proceedings were continued, on transfer of the case to him, by the ITO-4(2), Agra, who actually held jurisdiction over the matter. It is a matter of record that the reasons (APB 64) to believe escapement of income were recorded by the ACIT-I, Agra. The questions arising for adjudication are, thus, really two: '(i) whether the reasons to believe escapement of income, if recorded by the AO not having jurisdiction ove....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....sess any income escaping assessment, if he has reasons to believe such escapement of income. The section starts with the words 'If the Assessing Officer has reason to believe'. The word 'Assessee' in this phrase was substituted for the words 'Income Tax' by the Direct Tax Laws (amendment) Act 1987, w.e.f. 1.04.1988. The same enactment also introduced section 2(7A) in the Act. As per this section, 'Assessing Officer' means an Officer, as named therein, who is vested with the relevant jurisdiction. 11. Thus, it was only the Officer having jurisdiction over the matter who, u/s 147, could have formed any reason to believe escapement of income and none other. It has not been shown otherwise. To reiterate, in the present case, the ACIT- 1 Agra....