TaxTMI 
TaxTMI 
2025 (1) TMI 568
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....at having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of the Ld. A.O. in assuming jurisdiction to issue notice u/s 148 of the Income Tax Act, 1961 (the Act) and the consequent assessment proceedings in the case and the assessment order passed are bad in law and against the facts and circumstances of the case and void-ab-initio, and more so when the entity in whose name jurisdiction u/s 147 and 148 of the Act was assumed and assessment was framed did not exist, and basic jurisdictional conditions and pre-requisites under section 147 to 151 of the Act were not met. [as same filed in CIT(A)] 2) That having regard to the facts and circumstances of the case, Ld. CI....
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.... the action of Ld. A.O. in passing the impugned order without giving adequate opportunity of being heard and by not observing the principles of natural justice. 7) That the appellant craves the leave to add, alter or amend the grounds of appeal at any stage and all the grounds are without prejudice to each other." 2. The brief facts of the case are that AO made the addition of Rs. 47,16,500/- as unexplained cash credit. Ld. CIT(A) in his appellate order sustained the said addition. Against the order of the Ld. CIT(A), assessee is in appeal before us. 3. We have heard both the parties and perused the records. Ld. Counsel for the assessee assailed that the jurisdiction assumed in this case u/s. 147 of the Act. In support of his....
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.... * Idea Cellular Ltd. vs. DCIT & Ors., 301 ITR 407 (Bom). * German Remedies Ltd. vs. DCIT, 287 ITR 0494 (Bom). * ITO vs. M/s IME International Pvt. Ltd., ITA no. 3483/2010 dated 30.09.2010 (Del). * Subhash Chander Kathuria vs. ACIT, ITA No. 3087/2010 dated 29.04.2011 (Del). In view of the above, it is respectfully submitted that the impugned re-opening is bad in law and barred by limitation in view of the first proviso to section 147 of the Income Tax Act, 1961 and therefore in view of the aforesaid judicial decisions the impugned re-assessment order deserves to be quashed and may please be so held." 4. Per contra, Ld. DR relied upon the orders of the authorities below. 5. At the outset, it is not....
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.... year under reference." 7. We have carefully considered the submissions. It will be apt to refer to the provision of section 147, which read as under:- "If the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recomputed the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to t....