TaxTMI 
TaxTMI 
2020 (11) TMI 315
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.... is bad in law. 2. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Assessing Officer of passing order u/s. 147 Income Tax Income Tax Act, 1961 (hereinafter referred to as "the Act"), 1961. The said order passed by the Assessing Officer is void ab initio on, inter alia, the grounds that: a) Assumption of jurisdiction under section 148 is bad in law as the Assessing Officer did not apply his mind on the information received by him and the reasons recorded by him is not valid; and b) It is based on factually erroneous premises and built upon surmises and conjectures. 3. That on the facts and circumstances of the case and in law, the Ld. CIT(A) ....
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....s appeared and filed details as asked by the Assessing Officer. The case was discussed with the Ld. AR for the assessee by the Assessing Officer. After perusing the details filed by the Assessee, the Assessing Officer noticed that the assessee has shown net profit of Rs. 1,75,530/- on total sales of Rs. 16,18,223/-. Apart from the same, assessee has also shown commission of Rs. 70,732/- on sale of Rs. 35,36,577/-. In the reply dated 12.11.2018 filed by the assessee, it was stated that assessee was engaged in retail sales of textile on cash and commission basis and during the financial year 2010- 11 the assessee achieved turnover of Rs. 16,18,223/- and commission of Rs. 70,752/- goods of other manufacturers were sold on cash to pheri wala an....
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....the Income Tax Act, 1961 by the Assessing Officer which is bad in law, because the Assessing Officer has not applied his mind before issuing the notice u/s. 148 of the Income Tax Act, 1961 by stating that assessee has not filed return of income for the assessment year in dispute meaning thereby before issue of notice u/s. 148 of the Income Tax Act, 1961, the Assessing Officer has not applied his mind, therefore, the reassessment framed by the Assessing Officer is without jurisdiction, bad in law and without application of mind and therefore, is liable to be quashed. 2.3 Ld. Counsel for the assessee further draw our attention towards Paper Book filed by the assessee containing pages 1- 98 in which he has attached various documentary evide....
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....otal credit balance at the end of the year is Rs. 6451.03 which has been overlooked by the Assessing Officer at the time of issuing the notice u/s. 148 of the Income Tax Act, 1961. Ld. Counsel for the assessee further draw our attention towards the reasons recorded by the Assessing Officer in which the Assessing Officer has stated that assessee has not filed any voluntary return whereas as stated above, the assessee has already filed the return of income as stated by the Assessing Officer in the assessment order also and Ld. Counsel for the assessee stated that the notice issued by the Assessing Officer is without application of mind and without going through the material already on record with the Assessing Officer, therefore, the assessme....