2025 (4) TMI 1711

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....as "the Act") by ITO, Ward-61(3), New Delhi (hereinafter referred to as "ld. AO"). 2. At the outset, I find that the additional ground raised by the assessee, stating that the reassessment order framed does not contain Document Identification Number (DIN) and accordingly in view of the CBDT Circular No. 19/2019, the said reassessment order deserves to be quashed, was stated to be not pressed by the learned AR at the time of hearing. The same is reckoned as a statement made from the bar and accordingly, the additional ground is not even admitted for hearing. 3. The only effective issue to be decided in this appeal is as to whether the learned AO had validly assumed jurisdiction under section 147 of the Act to reopen the case in the fac....

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....nga had received 2.2% commission for providing share premium accommodation entries and received a net income of 1.5% which was shared between himself and his partner Shri Sunil Kumar Jain (Assessee) herein). With this information, the case of the Assessee was sought to be reopened by the Learned AO vide issuance of notice under Section 148 of the Act dated 19-03-2019. In response to the notice issued under section 148 of the Act, the Assessee filed his return of income on 04-11-2019 declaring the same income of Rs 4,24,560/- The reasons recorded for reopening the assessment were duly furnished to the assessee. The reasons recorded for reopening the assessment are enclosed in pages 2 to 4 of the paper book. On perusal of the said reasons, I ....

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....e Act was not obtained by that Assessing Officer as otherwise there could be no reason as to why the same was not supplied to that assessee along with the reasons. Hence it is very clear that the approval obtained under section 151 of the Act need to be supplied along with the reasons to the assessee for further course of action. Since the same is not done in the instant case before me, it becomes fatal to the entire reassessment proceedings itself and accordingly the re-assessment proceedings deserve to be quashed accordingly. I find that the aforesaid decision of Hon'ble Delhi High Court has been subjected to further appeal by the revenue before the Hon'ble Supreme Court and Special Leave Petition (SLP) of the revenue was dismissed which ....