2017 (10) TMI 1313

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....roduced hereinbelow:  "1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in framing the impugned reassessment order u/s 143(3)/147 and that too without assuming jurisdiction as per law and without complying with the mandatory conditions u/s 147 to 151 as envisaged under the Income Tax Act, 1961. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in framing the impugned reassessment u/s 143(3)/147, is bad in law and against the facts and circumstances of the case. 3. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on f....

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....ly Co. Ltd Vs. ITO [2011] 333 ITR 237 [Del], the Hon'ble High Court has held as under: "Merely affixing a 'yes' stamp and signing underneath suggested that the decision was taken by the Board in a mechanical manner as such, the same was not a sufficient compliance under section 151 of the Act." 6. In the case of Chugamal Rajpal Vs. S.P. Chalia reported in 79 ITR 603 [Supreme Court], their Lordships held as under:  "No Prima facie conclusion that the transactions to which he referred are not genuine transactions - Such a conclusion does not fulfill the requirements of s. 151(2)-Provision requires that there must be reasons and prima facie grounds for taking action under s. 148-Requirements of cl. (a) or cl. (b) ....

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....rch, 2000. Assuming the aforesaid to be true, the notice was served on the Authorized Representative simultaneously on his filing the return which clearly indicates that the notice was ready even prior to the filing of the return. The provisions of s. 143(2) make it clear that the notice can only be served after the AO has examined the return filed by the assessee. Whereas it is clear that when the assessee came to file the return, the notice under s. 143(2) was served upon the Authorized Representative by hand. Thus, it would amount to gross violation of the scheme of s. 143(2)." 8. Reliance was also placed on the decision of the Hon'ble M.P. High Court in the case of CIT Vs. S. Goyanka Lime & Chemical Ltd [2015] 237 Taxman 378 [M.P....