TaxTMI 
TaxTMI 
TaxTMI 
2023 (8) TMI 86
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....s in gross violation of the principles of natural justice and, as such, is not sustainable in law. (b) For that the assessee was prevented by a reasonable cause and, as such, failed to comply with the notices of hearing issued by the Ld. CIT(A). 2. For that on the facts and in the circumstances of the case, the Ld. CIT(A) grossly erred in confirming the addition of Rs. 81,11,000/- made by the AO on account of alleged cash deposits during the relevant assessment year 2011-12. 3. For that on the facts and in the circumstances of the case, the Ld. CIT(A) grossly erred in confirming the addition of Rs. 15,590/- being the interest on bank account." Assessee also raised the following additional grounds of appeal: ....
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....order passed u/s. 144 read with 147 of the Act may kindly be admitted as being legal in nature and the assessee is well within his rights to raise this ground before any appellate authority. In defense, Ld. AR relied on the decision of Hon'ble Supreme Court in the case of National Thermal Power Corporation Ltd. Vs CIT 229 ITR 383 (SC). 4. On the other hand, Ld. Sr. DR submitted that assessee has not raised this issue before the lower authorities and, therefore, it should not be allowed to raise at this stage. Alternatively, issue may be restored to the file of the AO so that the mistakes as appearing in the reasons recorded may be rectified. 5. After hearing the rival contentions and perusing the material available on record, we find ....
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....t disclosed by the assessee in his return of income for AY 2012-13 which is again wrong and which should have been AY 2011-12. The Ld. AR submitted that the reasons have been recorded in a perfunctory and casual manner without any application of mind. The Ld. AR also referred the approval granted by the Ld. JCIT u/s. 151 of the Act which is the competent authority for granting approval to re-open the assessment. The ld. AR stated that the competent authority has also accorded the approval in a mechanical manner as he has failed to notice the mistakes committed by the AO while recording the reasons u/s 148(2) of the Act. The Ld. AR, therefore, submitted that even the Ld. JCIT has accorded mechanical approval which is wrong and against the pr....
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....opinion the said mistakes on the part of the AO while recording reasons are fatal and cannot be allowed to be cured even by setting aside the assessment. We also note that even the competent authority u/s. 151 of the Act which is in the present case has accorded the approval in a mechanical manner as he has failed to notice these mistakes while granting approval. In our opinion, the said casual reopening of assessment can not be allowed as by resorting to the reopening of assessment the revenue unsettles the already settled assessment. The case of the assessee finds support from the decision namely M/s. Ganesh Ganga Vs. ITO, ITA No. 1579/Del/2019, AY 2010- 11 dated 07.11.2019. The said decision has been passed by the coordinate bench by fol....
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....om Directorate of Income Tax(I & CI), Kollkata vide letter no. TO(I & CI.)-3/ Kol/AIR/cash/2014-15/632 dated 23.01.2015 that- (a) The assessee has deposited huge cash in his bank account maintained in Allahabad Bank, Habra branch during the financial year-2011-12 which was not disclosed in his ITR and his books. On the basis of said information, the case was reopened u/s. 147 of the Act and it was found to be correct. Observation from bank statement & Income Tax Return:: (a) It has been observed that the assessee had deposited Rs. 80,71,000/- during the year 2010-11(from 04.01.2011 to 31.03.2011) in his bank account bearing number- 50046881856 maintained in Allahabad Bank, Habra branch. It is worth noting that the....