TaxTMI 
TaxTMI 
2022 (8) TMI 449
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....sessee before framing final assessment. 4. Without prejudice to the above, the order of AO as affirmed by the CIT(A) is also nullity as no approval as required under section 151 of the Act has ever been taken by the AO before assuming jurisdiction of section 147 of the Act. 5. The order of AO u/s 147/143(3) of the Act, as affirmed by the CIT(A), is void ab initio, since the jurisdiction of 147 has been assumed for conducting fishing and roving enquiries, as is evident from the reasons recorded itself. 6. The CIT (A) has erred in affirming the jurisdiction of AO under section 147, ignoring the section 147, which provides that there should be live nexus between the reasons recorded and belief entertained by the AO that income has escaped assessment. 7. The Ld CIT (A) has failed to appreciate that the material which came into the possession of the AO was vague in as much there is no reference to any instrument number/bank details via which alleged accommodation entry has been taken by the assessee. 8. The CJT (A) has failed to appreciate that it is a case of borrowed satisfaction, in as much as the AO has solely relied on the findings of the investigation wing and has n....
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....ny material found in search to establish the fact the assessee has any connection with so called alleged land deals or in fact received any unaccounted money much a less on money in the deal of alleged land. 16. The Id CIT(A) has erred in ignoring the certificate filed during the course of assessment proceedings from M/s Jaipuria Infrastructures Developers Pvt. Ltd, clarifying the transactions of Rs.2,62,00,000/- with their projects of Gaziabad. 17. The assessee craves leave to add alter modify and ground of appeal at the time of hearing of the appeal." (B) In this case, assessment order dated 28/03/2013 was passed by the Assessing Officer under section 147/143(3) of Income Tax Act, wherein an addition of Rs.2,62,00,000/- was made; and the total income of the assessee was assessed at Rs.3,12,34,460/- as against the returned income of Rs.50,34,460/. The assessee filed appeal in the office of the Ld. CIT(A). Vide appellate order dated 12.07.2013, the Ld. CIT(A) deleted the aforesaid addition of Rs.2,62,00,000/- and allowed the assessee's appeal. Revenue filed appeal in Income Tax Appellate Tribunal against the aforesaid appellate order dated 12.07.2013 of the Ld. CIT(A) vide ....
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....dated 17.10.2012 along with copy of reasons for opening assessment u/s 148 provided by the Ld. AO alongwith Annexure 'A' and Annexure 'B' to the appellant on 17.10.2012. Copy of detailed questionnaire dated 12.02.2013 issued by Ld AO Central Circle 12, New Delhi calling for details u/s 142(1). Copy of letter dated 11.03.2013 issued by AO calling for details u/s 142(1) of the Income Tax Act. Copy of letter dated 21.03.2013 filed before the Ld AO along with the following documents and explanation: a. Explanation that the document Annexure-B on the basis of which notice u/s 148 has been issued has no connection with the assessee and pertains to M/s Jaipuria Infrastructure Developers Pvt Ltd. b. Copy of certificate from Jaipuria Infrastructure Developers Pvt Ltd confirming that the document Annexure-B is in respect of its project called Jaipuria Sunrise at Indirapuram, Ghaziabad. This project related to Jaipuria Infrastructure (P) Ltd. and no part of this project have any connection with M/s. SMV Agencies Pvt. Ltd c. Details of property purchased and sold by the appellant company during the year under consideration which has no correlation whatsoever with the documents on the basis of ....
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....Infrastructure Developers (P) Ltd. evidencing project for residential and commercial space at 12A, Ahinsa Khand, Indrapuram, Ghaziabad is their project Details of property purchased and sold by the appellant company during the year under consideration which has no correlation whatsoever with the documents on the basis of which case opened u/s 148 of the Income Tax Act. Details of land purchased by the appellant company during Financial Year 2004-05 alongwith copy of Registered Deeds in relation to allotment of plots at K-Home Abhay Khand-ll, Indira Puram, Ghaziabad, UP by Ghaziabad Development Authority in favour of the appellant company. Details of land sold during the year by the appellant company | alongwith copy of Sale Deed dated 24.09 2004 made between I SMV Agencies Pvt Ltd (Appellant) and Gaursons India Ltd in relation to sale of Plot K- Home AbhayKhand-ll, India Puram, 3. Annexure-3: Copy of submissions filed before the CIT(A) in the remand proceedings. ---- 4. Copies of judicial pronouncement Resolution Commercial Management P. Ltd. vs. DCIT, in ITA No.6624/Del/2013 order dated 11/03/2016 Sh. Rajesh Kumar vs. ITO, in ITA No.333/Asr/2014 order dated 08/01/2016 ....