2025 (6) TMI 1132

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... and in law, the assessment framed by the CIT(Appeals) for the A.Y. 2016-17 is bad in law, illegal, in excess of and/or in want of jurisdiction and/or otherwise void. 2. On the facts and circumstances of the case and in law, the CIT(Appeals) has erred in directing the disallowance of TDS credit of Rs. 50 lakhs without appreciating facts of the case. 3. On the facts and circumstances of the case and in law, the CIT(Appeals) failed to consider the following legal grounds raised in the Grounds of Appeal. a) Reassessment proceedings u/s. 149(1)(b) can only be initiated if the information and material suggest that income chargeable to tax represented in the form of an ASSET which is amounting to or likely to amount to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....024 and Siemens Financial Services (P) Ltd. Vs DCIT &Ors. [(2023) 457 ITR 647 (Bom)]. 4. On the facts and circumstances of the case and in law, the CIT (Appeals) before enhancing the assessment failed to give a show cause notice as required under sub-section (2) of section 251 of the Income-tax Act and hence the Appellant was denied an opportunity of being heard." 2. Rival submissions of Learned Authorised Representative (ld. AR) of the assessee and learned Senior Departmental Representative (ld. Sr. DR) for the Revenue have been heard and record perused. The ld. AR of the assessee submits that apart from challenging the validity of addition, the assessee has challenged the validity of issuance of notice under section 148 and it....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nue submits that she would like to confirm the issuance of notice under section 148, if it was approved by Pr CIT or Pr. CCIT. On her objection, the bench appraised her by the contents of notice under section 148 itself, which clearly bear the reference of approval of Pr. CIT-8, Mumbai, still she allowed to submit her response within three working days. 4. We have considered the rival submissions of both the parties and have gone through the orders of lower authorities. On careful perusal of assessment order, we find that case of assessee for AY 2016-17 was reopened under section 147, by issuing notice under section 148 dated 24.08.2022. On careful perusal of notice under section 148, we find that said notice was issued prior approval of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nder the Income Tax Act, 1961 (hereinafter referred to as "the Act") for Assessment Year 2016-17 :- information flagged by the risk management strategy formulated in this regard; final objection has been raised by the Comptroller and Auditor General of India to the effect that the assessment has not been made in accordance with the provisions of Act; a survey was conducted under section 133A of the Act, other than under section 133A(2A) or section 133A(5) of the Act, information which requires action in consequence of the judgement of the Hon'ble Supreme Court in the case Union of India Vs. Ashish Agarwal, Civil Appeal 3005/2022, dated 4th May, 2022 suggesting that income chargeable to tax has escaped assessment within th....