2022 (12) TMI 402

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....ate For Sri M Lava, Advocate) Respondent (By Sri K.V. Aravind, Advocate) JUDGMENT P.S. DINESH KUMAR J, This appeal by the assessee challenging the common order dated 02.12.2021 in ITA Nos.771 and 772/Bang/2017 has been filed framing three questions of law which are as under: "1. Whether the Tribunal was justified in not holding that the notices issued under section 148 for the....

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....void ab initio under the facts and circumstances of the Appellant's case". 2. Shri Chandrashekar for the assessee submitted that during search in the premises of M/s Davanam Jewellers Pvt. Ltd. on 02.09.2010, an undated 'agreement to sell' entered into between the assessee and M/s Sobha Developers Limited in respect of property measuring 52152 sq. ft. of land mentioned in the schedu....

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....ot complete. Adverting to paragraph 9 of the agreement, he contended that the actual physical possession of the property in question was agreed to be delivered at the time of execution and registration of the sale deed. Therefore the question of taxing the assessee for A.Y.2006-07 and the protective assessment for 2007-08 are bad in law. 4. Sri K.V.Aravind, learned Senior Standing Counsel for t....

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....Y.2006-07. The assessment order does not indicate the procedure followed in re-opening the assessment. In addition protective assessment for A.Y.2007-08 has also been completed. 7. We have perused the agreement. Shri Chandrashekar is right in his submission that though the agreement is undated, the stamp paper bears the date of purchase as October 9th, 2009. In paragraph 2 of the agreement, the....