TaxTMI 
TaxTMI 
2020 (5) TMI 386
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....der:- ITA Nos. 2363/DEL/2019 1. "That the Ld.CIT(A) has erred in law and on facts by annulling the assessment order on the ground that no notice under section 143(2) was issued before the completion of assessment. 2. That the Ld. CIT(A) has erred in law and on facts by ignoring the facts that no return was filed by the assessee in response to notice under section 148 and notice u/s 143(2) is only mandatory, where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142 or in response to notice u/s 148 of the I.T. Act, 1961, whereas in this case no return was filed. 3. That the Ld. CIT(A) has erred in law and on facts by ignoring the fact that as per provisio....
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....e of Sh. Sachin S/o Late Sh. Bhule Singh Village -Mamura, Sector-66, Pargana & Tehsil - Dadri, Noida ( PAN-APPPK6176F) for A.Y.2008-09 has allowed the appeal of the Revenue. 6. That the Ld. CIT(A) has erred in law and on facts by annulling the assessment order ignoring the fact that assessment order was passed u/s 147/144 and not u/s 143(3) as noted by Ld. CIT(A) in the body of the order. 7. That the Ld. CIT(A) has erred in law and on facts by directing the Assessing officer to reframe the assessment order under the provisions of section 150 of the I.T. Act, 1961 as in the instant case revival of assessment u/s 150 will not be applicable due to the provisions of sub-section (2) of section 150. This is due to the fact that ....
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....and on facts by annulling the assessment order ignoring the fact as noted by Hon'ble ITAT, Delhi Bench 'E', New Delhi vide its order in ITA No. 267/Del./2013 [ A.Y. 2002-03] in the case of ITO Ward-13(2), New Delhi Vs. M/s Neetee Clothing (P) Ltd., 6/28, Shanti Niketan, New Delhi, in which it has been amply clarified when the provisions of section 150 of the Act may be enacted. In the referred order (supra), it has been explained on this issue as under: "We find that the provisions of sub-section (1) shall not apply where the reassessment proceedings would have been barred by time even at the time when the order, which was the subject-matter of appeal, revision, etc., was passed. In other words, sub-section (2) provides a rider as ....
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....ssee is a farmer and sold agricultural land through two sale deeds. The total cash received from sale of said agricultural land was Rs. 12,60,000/-. During the Assessment proceedings, the assessee submitted Tahsildar certificate for both the lands and submitted that the lands are situated 16 kilo meter far from municipal limit of Sikandrabad. The Assessing Officer admitted the amount of Rs. 3,60,000/- received by the assessee from his father through sale proceeds of the agricultural land but did not considered the sale proceeds of the second land. The Assessing Officer made addition of Rs. 6,74,000/- as cash deposit treated as unexplained income u/s 68 and passed the Assessment Order. The assessee submitted Tahsildar certificate for both th....