TaxTMI 
TaxTMI 
2025 (5) TMI 1239
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....b grounds, the assessee has challenged the initiation of proceeding under section 147 of the Income Tax Act, 1961 (hereinafter 'the Act') and taxability of cash payment/investment of Rs. 34,41,000/- to builder/in booking the flat. Later on, vide letter dated 26.07.2024, the assessee raised two additional grounds regarding (i) initiation of reopening proceeding under section 148 of the Act without recording the reasons under section 147 of the Act duly approved under section 151(2) of the Act and (ii) non-completion of assessment under section 153C of the Act. 3. The relevant facts giving rise to this appeal are that the assessee, a salaried employee, booked a flat in a joint name, along with his wife; Mrs. Prachi Gupta,....
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....o furnish the requisite information duly called from time to time under RTI and other letters. His argument was that the AO had recorded satisfaction, subsequent to the issuance of notice under section 148 of the Act, under section 147 of the Act on 16th July, 2021 as evident from the information provided by the AO in response to the RTI application. Further, the Ld. AR admitted that the AO did not make available the approval duly granted under section 151 of the Act even after specific request of the assessee. 4.1 Alternative plea taken by the Ld. AR is that the information entailing reopening of the case under section 148 of the Act has emanated from the incriminating material (wherein the name of the assessee along with his wife is me....
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....rt on additional grounds of appeal in the case of Shri Pawan Kumar Gupta, PAN-AHCPG7931M, A.Y. 2017-18- reg. Kindly refer to your office e-mail on the above mentioned subject. In this regard, it is to submit that in the case of Shri Pawan Kumar Gupta, PAN-AHCPG7931M, A.Y. 2017-18, information was pushed into insight Portal by investigation wing that during the F.Y. 2016-17 the assessee had entered into transaction related to purchase of Immovable Property from M/s Sweta Group where consideration was paid into cash. As per the report of Investigation wing, it was noticed that the assessee had paid cash of Rs. 34,41,000/- to the M/s Sweta Group for purchase of a Residential Flat. On receipt of Investigation wing rep....
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....on of Assessing Officer, and the case was reopened after recording valid reasons to do so with the prior approval of competent authority. 3. The prior approval of competent authority was obtained before issuing notice u/s 148. 4. Since the case was lying under the provisions of NFAC and hence the same was transferred to National Faceless Assessment Centre for assessment. 5. in this case, the escaped Income was reported Rs. 34,41,000/- and hence the notice u/s 148 could be Issued upto 31.03.2021. In this case, notice u/s 148 was Issued on 31.03.2021. Copy of the same is being enclosed herewith for your kind perusal. Further the copy of notices and other letters issued during the assessment proceedings are ....
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....eplies to RTI applications have to be appreciated in response to the specific query under RTI to the concerned officer. The source of information has to be established with the help of panchanama along with annexure, etc. Certain details have to be also ascertained from the concerned Investigation Directorate of the Income Tax Dept and the Jurisdictional AO. In view of the above and in the interest of justice, we are of the considered opinion that the complete and correct facts are required to arrive the conclusion that whether the said information emanated from seized material under section 132 of the Act or otherwise. Keeping in view the facts in entirety, without offering any comment on merit of the case, we deem it fit to set aside the ....