2025 (5) TMI 360

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....m the assessment order dated 27.12.2019 passed under s. 147/143(3) of the Act pertaining to assessment year 2012-13. 2. The grounds of appeal raised by the assessee are twofold:- (i) challenge the legality of jurisdiction assumed under s. 147 r.w.s 151 of the Act and (ii) challenge the action of the Revenue for making additions of INR 1,59,20,700/- towards unexplained expenditure. 3. When the matter was called for hearing, the Ld. Counsel for the assessee, at the outset, challenged the action of the AO in usurping the jurisdiction under s. 147 of the Act wrongfully. The Ld. Counsel for the assessee contended that the reasons recorded by the AO do not meet the pre-requisites of assumption of jurisdiction and therefore....

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....e assessee towards failure to disclose material facts fully and truly. Thus, in the absence of any allegation to this fact, the conditions embodied in first proviso to s. 147 are clearly not fulfilled. The notice issued under s. 148 is time barred on this score too. (d) The Pr.CIT has granted mechanical approval without being privy to the vital facts of assessment having been already framed under s. 143(3) of the Act and thus the approval granted is also without due diligence expected to be exercised by the approving authority under s. 151 of the Act. 3.1. The Ld. Counsel for the assessee submitted before the Tribunal that despite repeated efforts, the so-called copy of 'tax evasion petition' etc. were provided only at the fag e....

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....ac on food and tent at the time of marriage. Further, gave Rs. 3 Lac for honeymoon and Rs. 13 Lac for down payment of Audi Car and remaining amount was spent on various item on marriage rituals from time to time. 2. Letter has been issued on 22.03.2019 to the assessee for furnishing the information u/s 133(6) of the Act after taking necessary approval from the Competent Authorities. In response to the notice, the assessee filed his reply dated 28.03.2019 through mail submitting the nature of business activity, copy of ITR for A.Y. 2012-13 and bank details. On verification of the ITR it has been revealed that the assessee is filing his return of income merely of Rs. 5,18,520/- which does not commensurate with the information/details....

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....of section 151 of the Act. Sd/- (Income Tax Officer) Ward 36(2), New Delhi 6. As pointed out on behalf of the assessee, notice dated 31.03.2019 issued under s.148 for re-opening the completed assessment for AY 2012-13 is under challenge. It is inter-alia the case of the assessee that assessment in the instant case was previously carried out under s. 143(3) of the Act. Consequently, the case of the assessee is also covered by the additional embargo placed by the first proviso to s. 147 of the Act. It is the case of the assessee that the assessment has been re-opened without meeting the requirement of the first proviso to s. 147 of the Act besides the non-compliance of main provision thereof. 7. From the body of reasons recorde....