2024 (5) TMI 1607

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....or the assessment years 2009-10, 2013-14 and 2014-15 respectively. 2. We observe that the impugned orders for A.Ys. 2013- 14 & 2014-15 are ex-parte orders and the ld. CIT(Appeals) has not dealt into the merit of the case. Further we notice that the some dates of hearing were during COVID 19 restriction period. The ld. Counsel for the assessee stated that replies were filed before the ld. CIT(Appeals), but the replies have not been considered while framing the impugned orders. The ld. Counsel for the assessee further stated that most of the issues raised in the appeals for two years, i.e. A.Ys. 2013-14 & 2014-15 are covered by the decisions of the Tribunal in assessee's own case in ITA No. 589/KOL/2012 - order dated 19.1.2.2013, ITA No. 744....

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....estigation), (HQ), Gurgaon vide letter dated 23.03.2016 regarding suspicious transaction of Rs. 99,35,000/- with M/s. S.R. Sales corporation, after recording the reasons, notice under section 148 of the Act was issued and duly served upon the assessee. The assessee raised objection, which was considered. The ld. Assessing Officer during the course of assessment proceedings in order to cross verify the genuineness of transaction of purchases made by the assessee with M/s. S.R. Sales Corporation issued notice under section 133(6) of the Act, but the notice returned unserved with the Postal Department remarks "left this place". The ld. Assessing Officer considering the fact that the payments made by the assessee for purchases have been withdra....

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....,410/ - as against the total income assessed u/s 143(1) of Rs. 20,19,96,410/- on 18.03.2011 . Subsequently, information has been received from ITO (Inv) (H Q), Gurgaon vide letter dated 23.03.2016, which is placed on record. Suspicious Transactions Report (STR) in the case of M/s. S.R. Sales Corporation (prop. Sh. Milkh Raj (PAN:AIEPR5631C}, S/o. Sh. Buta Ram, Shop No. 52B, Anaj Mandi, Fatehabad] was obtained by IT O ( Inv.)(HQ), Gurgaon and on perusal of the said report, it was revealed that the said company M/s. S.R. Sales Corporation was getting funds from M/ s. Gillander Arbuthnot & Co. Ltd. And immediately after that cash was being withdrawn by M/s. S.R. Sales Corporation. It was observed by ITO (IV.)(HQ), Gurgaon, from the ledger ac....

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....actions are already placed before the ld. Assessing Officer. There is no new information brought on record by the ld. Assessing Officer which could indicate that the assessee has furnished any inaccurate particulars in its return, or has not disclosed fully and truly all material facts necessary for the assessment. As per Section 147 of the Act, until and Unless ld. Assessing Officer records a finding that there is a failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment, the reopening of the assessment after four years from the end of relevant assessment year, cannot be taken up. 12. Further we notice that even before recording the reasons, ld. Assessing Officer ought to have examin....