2024 (8) TMI 744

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....s which are being reproduced as under: - AMENDED/REVISED GROUNDS OF APPEAL "1. That the Ld. CIT(A) has erred in on facts and law in confirming the addition of Rs. 76,69,038/- out of total addition of Rs. 1,00,84,653/- made by the Assessing Officer, vide order u/s 143(3), dated 12.03.2015. 2. That the Ld. CIT(A) has failed to consider that the finding as recorded by the Assessing Officer in the reasons with regard to failure on the part of the assessee to disclose fully or truly all material facts necessary for the assessment is void ab-initio, since the Assessing Officer has failed to consider the facts that the assessee had filed the original return for the year under consideration and, thus, wrong reasons have been re....

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....e second ground of appeal in the Amended/Revised grounds of appeal is with regard to reopening of the case u/s 148 and the Ld. Counsel of the assessee has referred to the copy of the reasons as placed in Paper Book at pages 1 to 2 and argued that the reassessment proceedings have been initiated only on the basis of certain documents found from the premises of Hotel Sagar, which is a Proprietary concern of Smt. Veena Garg W/o Sh. Darshan Kumar, Karta of HUF. It has further been argued that there is no mention in the reason of the return having been filed by the assessee and, thus, the very formation of belief by the Assessing Officer that the income has escaped assessment is not borne out from the reasons because, nothing has been mentioned ....

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....The Hon'ble High Court recorded the finding that the factor of non-filing the return weighed with the AO for arriving at the satisfaction about the failure on the part of the assessee and escapement of the income. * Sh. Gaurav Joshi vs ITO, ITA No.274/Asr/2018 Dt.16.01.2019(Amritsar Bench) "9. It is also relevant to point out that the AO while issuing the notice u/s 148 of the Act has mentioned that the assessee had deposited a cash of Rs. 1,39,28,640/- during the financial year 2009-10 in the bank account which had escaped assessment. On the contrary, in the assessment order, he mentioned that the cash deposited in the bank account of the assessee was Rs. 51,24,064/-, which is evident from para 8.3 off the assessment orde....

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....n, I hold that the AO had taken an irrelevant fact into consideration and reopened the assessments on the basis of suspicion. Furthermore, the AO proceeded for reopening of the assessment on non-existent and factually incorrect basis/reasons and has not applied his mind and did not verify the assessment records/returns filed by the assessee prior to recording of the reasons, therefore, reopening of the assessments for asst. yrs. 2001-02, 2002-03 and 2003-04 is invalid and liable to be set aside/quashed. Accordingly, the orders of the authorities below are not sustainable and hence deserve to be quashed. I order accordingly." * Jaspal Singh vs ITO, ITA No.219/CHD/2019 dated 06.04.2021 (CHD-Trib.).PB[179-185 of Judgement set] ....

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....e' counsel. At the very outset, with regard to assumption of jurisdiction by the Assessing Officer, it is on record that the assessee had filed the original return and as mentioned in the assessment order at page 3 that the assessee filed the copy of the original return in response to notice u/s 148. 7. We have gone through the reasons as recorded by the Assessing Officer u/s 148 and find that there is no mention by the assessee having filed the original return and neither that fact has been mentioned in the reasons so recorded by the Assessing Officer and how there can be reason to believe that the income has escaped assessment by the reason on the failure on the part of the assessee to disclose fully and truly all material facts necess....