2025 (6) TMI 706

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-10, one against the order under Section 144 of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'] and the other in respect of order under Section 271(1)(c) of the Act. Both these appeals were heard together and are being disposed of vide this common order for the sake of convenience. 2. The brief facts of the case are that the case of the assessee for Assessment Year 2009-10 was reopened under Section 147 of the Act on the basis of certain documents found in the course of search at the premises of one Shri Rohit Chanduji Thakor. From the documents found during the search, it transpired that a property, in which the assessee had one fifth ownership, was sold for a consideration of Rs. 16,15,40,700/-. Further that the assesse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Act. Under the facts and circumstances of the case, the action of reopening is without jurisdiction and in not permissible either in law or on facts. 3) The Ld. CIT(A) has erred in law and on facts of the case in confirming the addition of Rs. 3,20,48,140/- on account of capital gain on sale of land. 4) Both the lower authorities have passed the orders without properly appreciating the facts of the case and solely relying on the information received from DCIT. This action of the lower authorities is in clear breach of law and principles of natural justice and therefore deserves to be quashed. 5) The Ld. CIT(A) has erred in law and on facts of the case in confirming action of the Ld. AO in levying interest u/s....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....CIT(A) for fresh adjudication of the appeal of the assessee on merits in accordance with law. The Ld. Sr. Counsel further submitted that the assessee will co-operate with the Ld. CIT(A) and furnish all necessary details and explanations as called for by the CIT(A) in the set aside appellate proceeding. 6. Per contra, Shri Ashok Kumar Suthar Ld. Sr. DR submitted that the assessee had neither appeared before the Assessing Officer nor before the Ld. CIT(A) and no compliance was made by the assessee at all at any stage. Under the circumstances, the Ld. CIT(A) had no occasion to examine the matter on merits as no material was ever brought on record by the assessee. Ld. Sr. DR supported the orders of the lower authorities. 7. We have consid....