2016 (7) TMI 1436

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..... CIT-(A) has grossly erred in law and on facts in confirming the additions of Rs. 2,00,000/- on account of gifts received during the year by recording incorrect facts and making irrelevant observations. Therefore, the additions made as such may be liable to be deleted. 2. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the orders framed by the Ld. AO u/s. 143(3)/ 147 and that too without serving mandatory notice u/s. 143(2) within the statutory allowable period. Therefore, the assessment completed as such may be held ab-initio invalid. 3. That having regards to the facts and circumstances of the case, Ld.CIT-(A) has grossly erred in law and on facts, in ....

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..../s. 143(3)/ 147 and that too without providing the opportunity of cross-examination of the parties who were examined by the learned AO on the back of it; therefore, the additions made as such as per Grounds of Appeals No. 2 may be liable to be deleted. 8. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the orders framed by the Ld. AO u/s. 143(3)7 147 and that too without finding any material against the appellant in the books of accounts examined by him and without assigning cogent reasons; therefore, the additions made as such as per Grounds of Appeals No. 2 may be liable to be deleted. 9. That having regards to the facts and circumstances of the case, L....

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....liable to be quashed. 12. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the action of the Ld. AO despite the fact that he invoked section 147 without first having statutory requirement of section 151(2) regarding the satisfaction of the Hon'ble Joint Commissioner of Tax, as the same is absent in the file having no comment and seal of the Hon'ble Joint Commissioner of Income Tax. As such, the orders passed in the absence of these statutory requirements may be liable to be quashed." 3. Brief facts of the case are that the appellant is an individual engaged in the business of commission agent in plastic material. During the year the assessee has receiv....

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....further, referred to page No. 17 and also stated that the satisfaction recorded by the Joint Commissioner of Income Tax is also not proper. His further argument was that there is no specific allegation against the assessee and further before issuing the notice the ld Assessing Officer has not recorded a finding about escapement of income. He therefore relied upon the decision of Hon'ble Delhi High Court in case of G&G Pharma Ltd. He further referred to affidavit submitted by the assessee at Page Nos. 7 & 8 of the paper book and stated that the assessee has not filed any return in response to notice dated 24.03.2009 and he submitted a letter challenging the jurisdiction of the appellant was not with ITO Ward-25(1), New Delhi but with ITO, Wa....

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....i High Court in case of Pr. Commissioner of Income Tax Vs. G&G Pharma India Ltd. in ITA No. 545/2015 dated 08.10.2015 confirming the order of the ITAT as held that when basic requirement that AO has must apply his mind to material on record in order to have reason to believe that income of the assessee has escaped assessment is missing then reopening of assessment is not justified. In view of above decision of the Hon'ble High Court we are of the view that in the present case also there is failure on the part of the ld Assessing Officer in applying his own mind to the information available. On this count reassessment proceedings are not sustainable. Further, we have also perused the satisfaction recorded by the joint Commissioner of income ....