TaxTMI 
TaxTMI 
TaxTMI 
2021 (11) TMI 919
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....mstances of the case Ld. CIT(A) has erred in giving a perverse finding that A.O. ward 32(2) has the jurisdiction over the matter when A.O. ward 28(5) has the valid jurisdiction over the matter. 3. That having regard to the facts and circumstances of the case Ld. CIT(A) has erred in giving a finding that notice u/s 148 was served on the appellant by AO ward 32(2), New Delhi. 4. That having regard to the facts and circumstances of the case Ld. CIT(A) has erred in not adjudicating the additional grounds of appeal raised by appellant before her vide application dated 10/01/2019. 5. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in confirming the action of Ld. A.O. in treating the loan of Rs. 30,00,000/....
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....s of the case, in brief, are that AIR Information was available with the Department in this case that the assessee had deposited cash of Rs. 15,02,250/- in his savings bank account and purchased a Car amounting to Rs. 28,00,000/- during the F.Y. 2009-2010 pertaining to A.Y. 2010-2011. Since the assessee had not filed his return of income for the A.Y. 2010-2011, the A.O. was of the opinion that the assessee had failed to disclose the source of amount paid for purchase of Car amounting to Rs. 28,00,000/- and cash deposits of Rs. 15,02,250/-. Since the above transactions remained unaccounted for in the hands of the assessee, the A.O. after recording reasons under section 147 of the I.T. Act, 1961 issued notice under section 148 dated 29.03.201....
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....bad relationship with his brother due to some family property dispute. It was argued that there cannot be two assessments by two different A.Os. for the same assessee for the same assessment year. 4.1. So far as the merits of the case is concerned, it was argued that the cash deposited in the bank account was out of sale proceeds of agricultural land which was purchased by the father of the assessee who expired before the sale of the said land. The assessee enclosed copies of Purchase/Sale of the said agricultural land. 4.2. So far as the addition of Rs. 28 lakhs on account of purchase of motor car is concerned, it was submitted that an amount of Rs. 30 lakhs was received by the assessee from Mrs. Bhagwati Devi as advance for purchase of ....
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....17 wherein the A.O. had completed the assessment accepting the returned income of Rs. 2,04,005/- under section 147/143(3) of the I.T. Act, 1961. He submitted that there cannot be two separate assessment orders by two different A.Os. for the same assessee for the same assessment year. Relying on various decisions, he submitted that the action of the A.O. in assuming jurisdiction and making the assessment is incorrect and the Ld. CIT(A) is equally wrong in disregarding the fact that assessment has already taken place under sections 147/143(3) of the I.T. Act, 1961. 5.1. So far as the merits of the case is concerned, he submitted that assessee had already explained that deposit in the bank account is out of sale of agricultural land and the s....
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....he sake of convenience, the submissions of the assessee before the Ld. CIT(A) which has been reproduced by her in Pages 2 and 3 of the impugned appellate order reads as under : "Background 1. That the appellant is an individual engaged in the agricultural activities, therefore he did not file any return for any year. 2. The Appellant had already received one notice u/s 147/ 148 from ward 28(5), New Delhi at Shop No 5 , Mohan Co-operative Industrial Estate, Mathura Road New Delhi (Present address of the appellant) for same A.Y. and for same issue. The Appellant duly complied with all the notices received from A.O. Ward 28(5), New Delhi through his authorized signatory and after due verification of all the documents, the Assessment orde....