2021 (6) TMI 327

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.... total income at Rs. Nil. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) of the Act vide order dated 27.03.2015 and the total income was determined at Rs. 6,00,200/-. Aggrieved by the order of AO, assessee carried the matter before the CIT(A). CIT(A) vide order dated 27.09.2016 (in Appeal No.125/2015-16, Noida) enhanced the income of the assessee to Rs. 33,35,52,203/- (enhancing by Rs. 4,94,001/- u/s 69C of the Act, by Rs. 12,75,00,000/- u/s 68 of the Act and by Rs. 20,49,08,002/- u/s 69 of the Act). Aggrieved by the order of CIT(A), assessee carried the matter before the Tribunal. Tribunal vide order dated 31.05.2018 (ITA No.6272/Del/2016) set aside the issues to CIT(A) and directed him to decide the iss....

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.... impugned order so passed being in gross violation of specific provision of law is liable to be quashed as per settled law on the issue. 3. It is contended that the order passed by Commissioner of Income Tax (Appeals) is void ab-initio as the same has been passed without considering the submission submitted with CIT(A) during the hearing dated 25th February 2019 and 26th February 2019. 4. That on the facts and in circumstances if the case and in law, the impugned penalty order passed by the Ld. CIT(A) u/s 271(1)(c) is unlawful, void ab initio and untenable, because the same is passed without recording any satisfaction by him while passing the said order, which is gross violation of specific provision of section 271(1)(c) as well as agai....

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....e aforesaid facts and the issue raised in the present appeal being a settled issue, I reject the adjournment application moved by Revenue and proceed to hear the appeal. 6. Before me, Learned AR submitted that assessment in this case was completed by AO u/s 143(3) vide order dated 27.03.2015 and computed the total income at Rs. 6,00,200/-. When the matter was carried before CIT(A), CIT(A) vide order dated 27.09.2016 the income enhanced at Rs. 33,35,52,203/- by making various arbitrary additions. Aggrieved by the enhancement, assessee preferred appeal before the Hon'ble ITAT. Hon'ble ITAT vide order dated 31.05.2018 restored the matter back to CIT(A) with certain directions. Pursuant to the directions of ITAT, CIT(A) in the order passed o....