2017 (5) TMI 1706

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.... the assessment U/s. 147 of the Act by issuing the notice U/s.148 was opposed to law and accordingly the assessment as made is liable to be cancelled. 2. The conditions precedent being absent, the reopening of the assessment U/s.147 is bad in law. 3. There being no omission much less an omission of declaration of income in the relevant assessment year in the return of income filed by the appellant, the reopening of the assessment U/s. 147 was without jurisdiction and consequently the reassessment is liable to be annulled. 4. The learned CIT(A) erred confirming the addition made under the head short term capital gains and making addition of Rs. 22,75,757/- in the hands of the appellant. 5. The learned CIT(....

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...., the impugned additions confirmed are opposed to law in that no adequate opportunity was given to the appellant to prove the genuineness of the transaction and the financial results there from besides the source of investment. 11. Without prejudice, the additions/disallowances were excessive, arbitrary and unreasonable and ought to be reduced substantially. 12. The learned CIT(A) erred in confirming the interest u/s. 234A, 234B and 234C of the Act. 13. For these and other grounds that may be urged at the time of hearing of the appeal the appellant prays that the appeal may be allowed." 2. Through the first 3 grounds in these appeals, reopening of assessment is challenged by the assesses on the ground that ther....

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....sment in the hands of AOP, the ld. DR has submitted that no return of income was filed in the name of AOP, therefore there was no question of reopening the assessment in the hands of AOP. 4. Having carefully examined the orders of lower authorities in the light of rival submissions, I find that undisputedly the returns were regularly filed by the individuals and nothing has been placed on record with regard to filing of returns by the AOP. During the course of hearing, the ld. counsel for the assessee has invited my attention to one return of AOP i.e., Griha Developers, appearing at page 6 of the compilation of assessee, but no evidence is filed with regard to date of filing of this return. It was stated that return was sent through regi....