2016 (6) TMI 1432

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.... 02. Facts apropos are that assessee was issued notices u/s.148 of the Income-tax Act 1961 ('the Act' in short), on 22.03.2011 for the impugned assessment years. Earlier assessments made on the assessee u/s.143(3) r.w.s.153C of the Act, for the same assessment year, pursuant to search proceedings, were annulled by CIT (A) in appellate proceedings. In the original proceedings u/s.153C of the Act, assessees had filed returns on 06.02.2008 and the said assessments were completed on 22.12.2008. CIT (A) on appeals of the assessee had held that jurisdictional conditions required for issuance of notice u/s.153C of the Act, were not fulfilled. As mentioned above he had annulled the assessments. 03. Thereafter AO taking an opinion that during th....

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....ver, CIT (A) did not deal with the grounds taken by assailing on merits of the addition. 05. Now before us, Ld. AR strongly assailing the order of CIT (A) submitted that there were two notices u/s.148 of the Act, one which was served on 25.03.2011 and the other which was served on 06.04.2011. According to the Ld. AR, the proceedings against the assessee were completed pursuant to notices served on 25.03.2011. Relying on subsection (2) of Section 153 of the Act, Ld. AR submitted that the reassessments ought have been completed before the expiry of one year from the end of the financial year in which the notice u/s.148 of the Act, was served. According to him, vide second proviso to said sub-section, for a notice served between first day o....

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....rmity in the finding of CIT (A) in this regard. However, I find that CIT (A) had not adjudicated on the grounds taken by the assessee on merits assailing the additions made for unexplained investment. Appeals are remitted back to the file of CIT (A) for considering the grounds of assessee on merits of the additions made. 09. In the result, grounds 1, 2 and 3 of the assessee is dismissed whereas grounds 3 and 4 are allowed for statistical purposes. Appeals are partly allowed for statistical purpose. Order pronounced in the open court on 17th June, 2016. ============= Document 1 1. The notice under Section 148 having been issued and served on the Appellant on 25.03.2011 and the same having not been withdrawn by the assessing ....