2021 (3) TMI 827

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....has taken following grounds of appeal: 1. In law and in the facts and circumstances of the appellant's case, the impugned appeal order is bad in law and deserves to be cancelled because on complying with the notice u/s. 148, appellant specifically sought in writing, the reasons recorded but they were not provided to us and hence, the assessment u/s. 143 (3) r.w.s. 147 of the Income Tax Act, 1961 made on 29-01-2014 is contrary to the law laid down by the Hon'ble Supreme Court in the case of GKN Drive Shafts India Limited. V. ITO, 219 ITR 19 [SC]. 2. Ld. CIT (A) has erred in law and on facts in not properly appreciating and considering various submissions, evidences and supporting placed on record during the course o....

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....ecorded for the re-opening of the assessment which had not been provided by the Ld. A.O. and assessment u/s. 143(3) r.w.s. 147 of the Income Tax Act, 1961 made on 29/01/2014 and appellant contention is that same is contrary to the law laid down by the Hon'ble Supreme Court in the case of GKN Drive Shafts India Ltd. vs. ITO, 219 ITR 19 (SC). 4. Thereafter in appeal Ld. CIT(A) held that on account of internal audit objection case has been reopened and he confirmed the order of the Ld. A.O. 5. On the other hand, Ld. A.R. contention was his submissions were not considered by the Ld. A.O. and in mechanical manner as well as Ld. CIT(A) has confirmed the order of the ld. A.O. and he made addition. 6. On behalf of the revenue, Ld. D.R. sup....

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....oceedings could not be sustained." 10. And Hon'ble High Court in the said case quashed and set aside the proceedings because Ld. A.O. did not apply his mind and he merely issued notices on the basis of audit objection. 11. In this case also, Ld. A.O. did not apply his mind and made reassessment on the basis of audit objection. Same is contrary to the judgment of above said Gujarat High Court order. 12. In the case of CIT vs. Shilp Gravures Ltd. [2013] 40 taxmann.com 309 (Gujarat) wherein Hon'ble Gujarat High Court has held as under: "Section 37(1), read with sections 35AB and 147, of the Income-tax Act, 1961 - Business expenditure - Allowability of [Re-assessment] - Assessment year 2004-05 - Assessing Officer allowed R&D e....