TaxTMI 
TaxTMI 
TaxTMI 
2022 (10) TMI 414
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....brevity the CIT(A)] are identical and having combined orders passed u/s 250(6) of the Income Tax Act, 1961 [in brevity the Act], bearing Appeal Nos. 311 & 312-I T/16-17 dated 18.01.2019 in respect of Assessment Year 2009-10. 2. The respective assessment order was passed by the ld. Income Tax Officer, Ward-2(1), Bathinda (in brevity the AO) passed u/s 143(3)/147 of the Act dated 21.12.2016 and both the orders are passed by the ld. Assessing Officer in same date and same section. Here we are taking in ITA No. 202/Asr/2019 as the lead case. 3. Tersely, we advert the brief fact of the case. The assessment was reopened u/s 147 of the Act. As per the information available with the person, the assessee had deposited Rs.89,60,400/- in the bank a/....
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....sions may, please, be taken into consideration: - (i) We have already submitted that an 'affidavit' was filed before the Tehsildar on 02.09.2009 and date of execution of sale deed was 01.09.2009, as mentioned in the affidavit, placed at page 13 of Paper Book-I and English translation at page 14, which is dated 02.09.2009 and in that affidavit, it has been stated that the date of registration was fixed for 01.09.2009 as per the agreement placed at pages 1 to 6 and English translation at pages 7 to 9 of the Paper Book-I. (ii) It was further stated that since on 01.09.2009 was a non working day as mentioned at pages 11 & 12 and, therefore, the seller of the land appeared before the Tehsildar to mark their presence as per application, dated....
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....nces, it is conclusively proved that the deposits in the bank account were out of amount received on account of execution of agreement for sale of land, which was later on exchanged with the buyer and the fact that the assessee did not have any business income or any other resources, since he had only 6-7 acres of agricultural land from where, such huge funds could have never been available with the assessee and thus, the judgment of Hon'ble Supreme Court in the case of P.K. Noorjahan as reported in 237 ITR 570, (Placed in Paper Book at pages 150 to 153) is very much applicable to the facts and circumstances of the case and, whatever, agricultural income was shown by the assessee at Rs. 1,05,000/- has been accepted by the Assessing Officer ....
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....nt, copy was annexed APB pg. nos. 24 to 31. The amounts are deposited in following manners: a. On 01.09.2008, Rs. 2,00,000/- has been received (refer Page 3 of the agreement in Punjabi and Page 7 in English Version) out of this Rs.1,90,000/- deposited in the bank on 03.09.2008 (refer Page 24 of the paper book). b. On 17.09.2008 a sum of Rs.33,00,000/- has been received (refer Page 6 of the agreement in Punjabi and Page 9 in English) and deposited in the bank on 17.09.2008 (refer Page 25 of the paper book) c. On 30.12.2008 a sum of Rs. 45,00,000/- has been received (refer Page 2 of the agreement in Punjabi and Page 9 in English) and deposited in the bank on 02.01.2009 (refer Page 28 of the paper book). Before proceedings u/s 148 durin....
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....ssion of fact & denial of cross verification of the evidences which are formed opinion related to addition of amount. The ld. counsel also respectfully referred the judgment of Hon'able Supreme Court in the case of ANDAMAN TIMBER INDUSTRIES VERSUS COMMISSIONER OF CENTRAL EXCISE, KOLKATA-II, CIVIL APPEAL NO. 4228 OF 2006, Date of Order 02/09/2015. We find the gross violation of the natural justice during completion of the assessment order. The ld. AO without the reasons to believe and proper verification has passed the order u/s 148 of the Act. Considering the above submission, the notice u/s 148 is violation of legal statute and liable to be quashed. 8. We have heard the rival submissions and perused the material on record. We note that th....