TaxTMI 
TaxTMI 
2025 (2) TMI 822
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....ntre (NFAC), Delhi had arisen from the reassessment order dated 30.11.2018 passed by the Assessing Officer u/s 147 of the Act. 2. Grounds of appeal raised by the assessee in memo of appeal filed with the Income Tax Appellate Tribunal, Agra Bench, Agra, read as under: "1. That the Present assessment order is bad in the eyes of law and liable to be quashed as the Ld' AO completed the assessment proceedings without issuing and serving the notice u/s 143(2) of the Income Tax Act-1961. 2. That the Present assessment order is bad in the eyes of law and liable to be quashed as the reasons recorded by the Ld AO are factually incorrect and without application of mind. Further the necessary approvals taken are also without application of min....
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....,377/- in the hands of the assessee, being interest income from bank account to the tune of Rs. 21,882/-; unexplained cash deposit Rs. 55,000/-; unsecured loan raised in cash to the tune of Rs. 9,50,000/-; and unexplained investment in cash purchases to the tune of Rs. 3,54,495/-. Aggrieved, assessee filed first appeal to the learned CIT(Appeals) and the CIT(Appeals) partly allowed the appeal of the assessee. Now the assessee is in appeal before Tribunal. 4. At the outset, learned counsel for the assessee submitted and drew our attention to page nos. 28 to 31 of the paper book in which copy of the ITR filed originally u/s 139 for the impugned assessment year is placed. It was submitted that it was an erroneous finding on the part of the AO....
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....& order in the case of PCIT v. Dart Infrabuild Pvt. Ltd. (2024) 460 ITR 532 (Delhi); (2) Hon'ble Delhi High Court's judgment & order in the case of Indus Towers Limited v. DCIT dated 29.5.2017 [2017 (6) TMI 24 - Delhi High Court] (3) Learned counsel for the assessee also relied upon the decision of the Hon'ble Supreme Court in the case of ACIT & Another v. M/s Hotel Blue Moon (2010) 321 ITR 362 (SC) dated 02.02.2010. 4.2 Learned counsel for the assessee has also relied upon large number of judicial precedents which are placed in paper book filed by the assessee. A contention was raised by the learned counsel for the assessee that the reassessment order passed by the AO is liable to be quashed. 5. Learned Sr. DR on the other hand submi....
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....ever, while filing return of income the wording used by the assessee was not happily worded. However, from the assessment order it is clear that the Assessing Officer has clearly stated that the assessee has filed return of income on 16.7.2018 in response to notice u/s 148 of the Act. The statutory authorities have to be very careful while framing the orders and from the wordings used by the Assessing Officer it is very clear that he has taken the filing of the original return of income u/s 139 by the assessee to be a return filed in response to notice u/s 148. Be that as it may, the Assessing Officer is under obligation to issue notice u/s 143(2) of the Act. There are large number of judicial precedents relied upon by the assessee which su....