2022 (3) TMI 23

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....2) of the Department, the AO reopened the assessment of the case after recording the following reasons:- "An information has been received from ITO(Inv.), Unit III, New Delhi that during the course of verification in the case of M/s. Vinton Communication Pvt. Ltd. it is found that M/s. VCPL has received unsecured loan of Rs. 31,84,299/- from Smt. Vidushi Tayal during F.Y. 2008-09 and she has not filed her return of Income. Further it is stated that Smt. Vidushi Tayal has also sold property H. No. 502, Sector 16-A, Faridabad for Rs. 41,50,000/- during F.Y. 2008-09 and the said loan was given out of this consideration. It has now transpired that you have no reply to the above notices. It is obvious, therefore, that you have ....

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....Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds:- "1. On the facts and in the circumstances of the case and in law Ld. CIT erred in confirming reopening of assessment by the Ld. Assessing Officer u/s. 147 of the I.T. Act. 2. On the facts and in the circumstances of the case Ld. Assessing officer erred in not allowing proper opportunity of being heard to the assessee and thus wrongly passed order u/s. 144 of the Income tax Act. This was wrongly confirmed by Ld. CIT(A). 3. On the facts and circumstances of the case and in law Ld. CIT(A) erred in confirming the addition made by the Assessing Officer of Rs. 16,56,644/- under the head capital gains....

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.... there is no mention of service of any notice. The time given to the assessee was very less. The Ld. CIT(A) also dismissed the appeal which is not correct. He, accordingly submitted that in the interest of justice, the assessee should be given an opportunity to substantiate her case. 7. The Ld. DR, on the other hand, relied on the orders of the AO and the CIT(A). He submitted that although the AO had not given proper opportunity, however, the Ld. CIT(A) had given proper opportunity to the assessee and, thus, the assessee was not prevented from submitting all the details before the CIT(A). He accordingly submitted that the order of the CIT(A) be upheld and the grounds raised by the assessee should be dismissed. 8. I have heard the riva....