2008 (12) TMI 189

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....unsel for the assessee, pressed questions Nos. I and VI in paragraph 13 of the appeal, which are as under: "(I) Whether, on the facts and circumstances of the case, the Income-tax Appellate Tribunal was justified in dismissing the various important legal issues raised before it by the assessee, touching upon the very validity of initiation of proceedings under section 147, non-service of notice under section 148, non-disposal of legal objections raised before the Assessing Officer against proceedings under section 147/148 by passing a speaking order before pursuing the assessment, non-summoning the prime witnesses to deal and with purchasers by the Assessing Officer thereby denying fair opportunity of cross-examination to the assessee, o....

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....Income-tax (Appeals) as well as by the Tribunal. The Tribunal, inter alia, recorded the following findings: "19. Apropos the first issue, i.e., that the taxing authorities erred in partly rejecting/disallowing the agreement dated March 10, 1997, while partly accepting the same, contention of the assessee is that the earnest money of Rs. 2,50,000, received by the assessee with regard to the proposed sale of his residential house to S/Shri Gurdial Singh, Sukhdev Singh and Baljit Singh, was accepted by the Department, the receipt of part payment of sale consideration of Rs. 11,35,000 has wrongly been not believed. In this regard, undisputedly, the proceedings under section 147 of the Act were initiated against the assessee for the reasons o....

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.... 'The Assessing Officer attended the appellate proceedings and as per order-sheet entry the Assessing Officer mentioned that the report will be sent by him after recording the statement of independent witness. But it was reported by the Assessing Officer, vide letter dated February 21, 2006, that the assessee filed letter dated February 21, 2006, before him and mentioned therein that since no proceedings are pending before the Assessing Officer the summons under section 131 of the Income-tax Act to the witnesses are without jurisdiction. It was mentioned by the Assessing Officer that since the assessee has challenged the issuance of summons to the witnesses for recording their statements as desired by the learned Commissioner of Income- t....