2019 (1) TMI 48

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....edings is arbitrary, unjust and bad both on facts and in law. ii. Without prejudice to the above, the A.O. on the basis of information without any independent enquiry himself started reassessment proceedings and therefore reassessment proceedings and therefore reassessment proceedings are arbitrary, unjust and bad in law. 2. As regards confirmation of addition of Rs. 11,00,000/- i. Without prejudice to the above, the CIT(A) erred in confirming the addition of Rs. 11,00,000/- without properly appreciating the facts and circumstances of the case, details and documents on record, evidences produced and case laws cited during the course of appeal proceedings, which is arbitrary unjust and bad in law. ii. With....

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....ontended that no independent enquiry was carried out by the assessing officer. It is further contended that this act of the A.O. is contrary to the judicial pronouncements. Ld. Counsel has relied upon the following case laws: 1. CIT Vs. Kamdhenu Steel & Alloys (2012) 248 CTR 33 (Delhi)(High Court) 2. CIT Vs. Multiplex Trading & Industrial Co. Ltd. (2015) 128 DTR 217 (Delhi)(HC) 3. Pr. CIT Vs. G. Pharma India Ltd. (2017) 384 ITR 147 (Delhi) (HC) 4. CIT Vs. Insecticides (India) Ltd. (2013) 357 ITR 300 (Del.)(HC) 5. CIT Vs. Meenakshi Overseas Pvt. Ltd. (2017) 395 ITR 677 (Del) (HC) 6. CIT Vs. Fair Invest Ltd. (2013) 357 ITR 146 (Del.)(HC) 7. Sarthak Securities Co. (P) Ltd. Vs. ITO ....

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....he same. Secondly, even if it is presumed that the notice u/s 148 of the Act was rightly issued but during the course of assessment on the basis of the information received from the third parties without giving opportunity of cross examination, such proceedings are contrary to the principles of natural justice. It is also contended that non providing of the opportunity of cross examination has caused serious prejudice to the assessee. Moreover, it is stated that there is no whisper of any payment paid other than the payment described in the registered sale deed. I have given my thoughtful consideration to the facts of the present case and the material placed before me. So far the contention of the assessee that A.O. ought to have verified t....