TaxTMI 
TaxTMI 
2020 (12) TMI 1378
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....re without jurisdiction, without application of mind, unwarranted and mechanical and unsustainable. 2. That the Ld. A.O., since failed in adjudicating all objections against reopening proceedings, properly, as per law and in totality and as per the directions of Hon'ble Supreme Court in the case of G.K.N. Drive Shafts, hence consequential proceedings an impugned asstt. is illegal and without jurisdiction. 3. That under the facts and circumstances, the approval u/s. 151 is fatally defective, mechanical and without application of mind which makes the whole proceedings without jurisdiction, illegal and unwarranted. 4. That under the facts and circumstances, both the lower authorities erred in law and on merits in....
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.... Delhi. In response to the notice u/s. 148 of the Act assessee filed its reply dated 26.5.2017 wherein a copy of return of income was filed on 26.4.2017 in response to notice under section 148 had been submitted. A Notice u/s. 143(2) of the Act was issued on 7.9.2017. A notice u/s. 142(1) of the Act alongwith questionnaire was also issued on 7.9.2017. In response to the statutory notices, the AR of the assessee filed the details which was placed on record by the AO. After considering all the documentary evidences filed by the assessee as well as the written submission, the AO completed the assessment on 28.12.2017 u/s. 147 of the Act and added the unexplained credit u/s. 68 of the Act amounting to Rs. 2,47,50,000/- and commission of Rs. 6,1....
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....d time. The notice can be said to have been issued in time only if 03 conditions stands satisfied i.e. it's stand prepared within time, it has been addressed correctly and it has been posted / give for delivery within time so that it become out of control and reach of the sender to take it back. In the case of the assessee, he stated that these 03 conditions are not fulfilled. In support of his contention, he draw our attention towards the paper book and stated that notice u/s. 148 of the Act is time barred and on this ground the assessment framed by the AO on the basis of this notice deserve to be declared null and void. In support of this contention, Ld. Counsel for the assessee relied upon the decision of the Hon'ble Gujarat High Court i....
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....en deleted by the Ld. CIT(A). As regards to the balance amount of Rs. 1,10,00,000/- has not been substantiated the claim before the revenue authorities and the Ld. CIT(A) has rightly been upheld the addition. Therefore, a well reasoned order has been passed by the Ld. CIT(A) and the same may be upheld. 5. We have heard both the parties and perused the orders passed by the revenue authorities alongwith documentary evidences filed by the assessee. We find that initiation of assessment are on Wrong and non-existing facts, because it mentions that "M/s. Binary Semantics Ltd." is shown to have received following entries". Thereafter 07 entries have been given for which re-asstt. proceedings have been initiated. The initiation has been done fo....
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....ind, he was not justified in invoking jurisdiction u/s. 147." 5.1 We further find that in this case initiation of reopening proceedings is mechanical and Non-application of Mind and Borrowed satisfaction because the initiation is on the basis of report of Inv. wing only; No prime facie enquiry done by A.O. before initiating proceedings; Hence, it is a case of initiation on wrong facts and on borrowed satisfaction without application of mind which makes the proceedings un-sustainable. Our view is fortified by the decision of the Hon'ble High Court of Delhi in the case of Sarthak Securities Co. (P) Ltd. 329 ITR 110 (Del) wherein it has been held that no independent application of mind by the AO by acting under information from Inv. Wing. -....