2022 (6) TMI 1322
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....f assessee seeking admission of following additional ground of appeal: 1. "That having regard to the facts and circumstances of the case, Ld CIT(A) has erred in law and on facts in confirming the action of Ld. AO in framing the impugned reassessment order and that too without assuming jurisdiction as per law and without complying with mandatory conditions u/s 147 to 151 as envisaged under the Income Tax Act, 1961. 2. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in reopening of the assessment of assessee and that too without recording valid reasons as envisaged under the law and erred in passing the impugned reassessment order without obtaining....
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....red by Hon'ble Supreme Court in the case of NTPC Ltd. (supra). 5. Learned Counsel of the assessee, on the legal grounds submitted that the Learned CIT(A) has erred in law and on facts in confirming the action of AO in framing reassessment order without assuming valid jurisdiction as per requirement of Section 147 of the Act and without complying with mandatory conditions envisaged u/s 147 to 151 of the Act. The Learned Counsel vehemently pointed out that the Assessing Officer has passed impugned reassessment order without obtaining valid Sections/approval by Learned PCIT as per requirement of Section 151 of the Act. The Learned Counsel lastly pointed out that the Learned CIT(A) has grossly erred in law and on facts in confirming the action....
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....umber of judgments including order of ITAT, Delhi Benches dated 04.09.2018 in the case of Shri Jagat Singh vs. ITO in ITA No.2749/Del/2018. 8. On careful consideration of the rival submissions, I am of the considered view that from the copy of the reasons recorded placed before me clearly reveals that the Assessing Officer started reassessment proceedings on the basis of PAN/AIR information that the assessee has sold immovable property during F.Y. 2008- 09. In the last para of reasons AO mentioned that no ITR has been found to have been filed by the assessee. During the arguments, Learned Counsel drew our attention towards page 3 of assessee's paper book i.e. proforma for recording the reasons for initiating the proceedings u/s 148 of the ....