AI Drafter 
TaxTMI 
TaxTMI 
2017 (10) TMI 1408
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.... certain information found that the assessee had not field her return of income for asst. year 2008-09. According to the AO, the assessee along with her mother and two brothers had entered into a JDA with Sai Deep Estates on 3/12/2007 for transfer of 50% of undivided share in property measuring 787 sq. ft bearing Katha No.18(earlier No.18 and 16) situated at 1st A Main Road, New Thippasandra, Bangalore in lieu of receipt of 50% of super built up area to be developed on the above property. Finding that the assessee's share of capital gain arising on account of transfer of land vide the JDA had not been offered to tax by the assessee since she had not filed her return of income for asst. year 2008-09, the AO initiated proceedings u/s 147 of t....
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....l justice. ii) The learned CIT (A) was not justified in passing the order without giving sufficient opportunity of hearing to produce necessary documents and confirmations for the Appellant on the facts and circumstances of the case. iii) The Learned CIT (A) erred in passing the order without appreciating that the Appellant was not in receipt of the remand report and was never called for any rejoinder report by the learned CIT (A). 3. Grounds on transfer as per Section 2(47)(v) of the Act. i) Without Prejudice, the learned CIT (A) failed to appreciate that there was no event of 'transfer' as defined in Section 2(47)(v) of the Act for the impugned assessment year on the facts and circumstances of t....
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..... i) The learned CIT (A) was not justified in non-granting of Section 54 exemption on the facts and circumstances of the case. ii) The learned CIT (A) failed to appreciate that there was a residential property on the land subject matter of the development prior to the development. iii) The learned CIT (A) failed to appreciate the evidences on record like confirmation from the developer, surrender of electricity meter acknowledgement etc., on the facts and circumstances of the case. iv) Without Prejudice, the [earned CIT (A) erred in not granting exemption u/s.54F of the Act on the facts and circumstances of the Act. 6. Grounds on Levy of interest under Section 234A and 234B in accordance with law....
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.... III The authorities below erred in law in not holding that the order of assessment passed by the learned assessing officer under Section 143(3) r.w.s 147 of the Act is bad in law since the mandatory conditions as envisaged in the Act to assume jurisdiction did not exist or having not been complied with and consequently, the reassessment requires to be cancelled on the facts and circumstances of the case. IV. The authorities below failed to appreciate that the notice issued u/s. 148 of the Act is bad in law and void ab initio as the reasons recorded were not communicated to the Appellant though the same was requested vide letter dated 22/02/2012. V. The learned CIT (A) failed to appreciate that the order of reassessment....
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....nature and go to the very root of the matter. It is contended that the reasons recorded by the AO for initiating proceedings u/s 147 of the Act were not communicated to the assessee despite the assessee making a specific request in this regard vide letter dated 22/2/2012 (placed at page 2 of paper book). The ld AR contends that in view of the above, the order of assessment framed by the AO without supplying the reasons recorded as sought for by the assessee, and deciding the objections against the notice issued u/s 148 separately, is not sustainable in law and liable to be quashed. In respect of addl. Grounds No.2, regarding the non-granting of correct acquisition of land it was submitted that this ground was inadvertently not raised before....
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....t is well settled proposition of law that in case the assessee requests for being supplied with the reasons recorded for re-opening the assessment, the AO is duty bound to supply the reasons and thereafter to decide upon the objections, if any, raised by the assessee against the notice issued u/s 148 of the Act, prior to the framing of the order of assessment. In the facts and circumstances of the case on hand, as discussed above, it is clear that when this issue raised by the assessee has not been considered by the authorities below, it is only in the fitness of things that we remit this issue to the file of the ld AO for consideration. In respect of the additional ground No.2(i) to (iii) raised (Supra), on the issue of non granting of cor....