2022 (6) TMI 1243

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....ed 31.03.2016. 2. The grounds of appeal raised by the assessee are as follows:- "A. NOTICE u/s 148: BAD & ILLEGAL 1. The ld. CIT(A) has erred in law & in facts in confirming action of AO to issue notice u/s 148 of the Act which is bad & illegal and the appellant prays that notice u/s 148 and consequent assessment be quashed. 2. The learned CIT(A) has erred in law and in facts to confirmation of AO for issue of notice u/s 148 even when no amount of escapement of income was recorded in recorded reasons. B. ENHANCEMENT 1.The learned CIT(A) has erred in law and in facts by enhancing assessment by Rs.17,57,238/-. 2. The learned CIT(A) has erred in enhancing assessment on issue which can be done only by issue of notice u/s 148 or rev....

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....ing applicable from1.7.12 is not applicable for AY 2012-13. 2. The learned AO has erred in law & in facts to do the assessment u/s 143(3) instead of section 144 when no return was filled by the appellant in response to notice u/s 148 and the observation of the AO in the assessment order that assessee has filed return of income on 10.04.2015 is incorrect as the assessee had filed mere reply stating the reasons for not filing the return vide letter dated 10.04.2015 and the appellant prays that assessment may be annulled and set aside." The additional grounds being legal grounds the appellant may be permitted to raise and the assessment may be adjudicated. I am praying that if there is any delay in filing the additional grounds, the same m....

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.... prayer of the assessee for admission of additional ground. We have heard both the parties and note that additional ground raised by the assessee is purely a legal issue which goes to the root of the matter and all facts are available on assessment record, therefore, we admit the additional ground raised by the assessee for adjudication. 6. We note that issue raised by the assessee in the additional grounds of appeal is squarely covered by the order of the Co-ordinate Bench of ITAT Surat in the case of Swami Sat yananda, i n ITA No.1614/Kol/2018, Assessment Year: 2012-13, wherein the Coordinate Bench held as follows: "6. We have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along wit....

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....t value of the asset exceeds the value of the asset as claimed by the assessee by more than such percentage of the value of the asset as so claimed or by more than such amount as may be prescribed in this behalf ; or (ii) that having regard to the nature of the asset and other relevant circumstances, it is necessary so to do, and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clauses (ha) and (i) of sub-section (1) and sub-sections (3A) and (4) of section 23, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall with the necessary modifications, apply in relation to such reference as they apply in relation to a r....