2022 (6) TMI 1348

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....A) has erred in law and facts while rejecting the ground of jurisdiction of the id. AO to frame the assessment 3. The Ld. CIT(A) has erred in iaw and on facts while upholding the additions made by invoking the provisions of section 69A of the Income Tax Act. 4. The Ld. CIT(A) has erred in law and facts while upholding the additions without providing cross confrontation to the assessee on the evidences relied upon by the Id.AO. 5. The Ld. CIT(A) has erred in law and facts while presuming the facts and figures which were quite wrong and irrelevant as against the actual facts and figures explained by the assessee. 6. The Ld. CIT(A) has erred in law and facts while taking the online purchase of shares to be offline preferential purc....

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....cision of the Co-ordinate Bench of the Tribunal in the case of Mukesh Kumar vs ITO in ITA No.2358/Del/2012, order dated 12.06.2015. 4. The Ld. DR, on the other hand, relied upon the findings of the lower authorities. 5. I have heard the rival contention and gone through the record. Admittedly, no notice was issued by the concerned ITO-Ward-50(4) to the assessee before proceeding to frame the assessment. Any notice issued by ITO, Ward-37(4) being without jurisdiction has no legal sanctity. The issue is squarely covered by the decision of the Co-ordinate Bench of the Tribunal in the case of Mukesh Kumar vs ITO in ITA No.2358/Del/2012, order dated 12.06.2015. The relevant part of the order is reproduced hereunder:- "5. We perused the relev....