TaxTMI 
TaxTMI 
TaxTMI 
2025 (11) TMI 41
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....3. On the facts and circumstances of the case and in law, the notice u/s 148 issued in this case is bad-in-law, illegal, without jurisdiction and barred by limitation and, therefore, the said notice u/s 148 along with assessment order passed on the foundation of such notice are liable to be quashed and CIT(A) erred in not holding so 4. On the facts and circumstances of the case and in law, the reassessment proceedings initiated are contrary to the provisions of law including the specific provisions of section 147 to section 151 of Income Tax Act, 1961 and therefore, the reassessment proceeding initiated along with assessment order passed are liable to be quashed and CIT(A) erred in not holding so. 5. On the facts and circumstances of the case and in law, the order passed by the learned assessing officer and the addition made therein is bad-in-law and CIT(A) erred in not holding so. 6. On the facts and circumstances of the case and in law, the order passed by CIT (A) is against the principles of natural justice. 7. On the facts and circumstances of the case and in law, the CIT(A) erred in not adjudicating the ground of appeal on merit. Addition....
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....ned so called information and not brought on record the evidence from the information. Thus, the AO committed error in recording the reasons to believe about an alleged escapement of income therefore, the notice issued u/s 148 of the Act has been issued without applying own mind. The Ld. AR relying on judicial precedent in support of his contentions, sought for allowing the Ground No. 4 of the Assessee and sought for setting aside the Assessment Order. 5. The Ld. DR vehemently submitted that the assessment proceedings have been initiated in accordance with law and with an intention to recover the proper tax due from the assessee. The proceedings have been initiated strictly following the provisions of Act, which requires no interference in the hands of the Tribunal. Thus, sought for dismissal of the Appeal of the Assessee. 6. The Ld. DR has also submitted that written submissions which is reproduced as under:- In the above case, it is humbly submitted that I have argued that first of all, additional grounds should be decided, and then the case should be decided, but the Hon'ble Bench has heard the matter on the basis of reasons recorded by the AO. It is observed ....
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....sh of Rs. 82,085,400/- during FY 2016-17 corresponding to AY 2017-18. On perusal of ITS data it is noticed that the assessee has also deposited Rs. 7,00,97,620/-. Thus total cash deposited by the assessee during F.Y.2016-17 corresponding to A.Y. 2017-18 is Rs. 15,21,83,020/- (Rs. 82085400+70097620). The assessee also has interest and contract income from Mother dairy Fruit & Vegetable Private Limited and Punjab National Bank 34,197/- and 43,646/- respectively. 3. On perusal of the ITS/26 AS data reveals that the assessee has deposited cash of Rs. 15,21,83.020/- in current account and also income from Interest and contract services during the H.I. 2017-18 4. During the preliminary verification of this transaction, it is found that the assessee has not filed ITR for the year under consideration ie. A.Y. 2017-18. It is further revealed from perusal of the E-filing Portal that the assessee has not filed any ITR for any of the year. 5. From the above facts, it is established that the assessee was under obligation to file his ITR for the AY 2017-18, as the cash deposited exceeds the maximum amount which is not chargeable to tax, therefore, not only he was requi....
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....iled return of income. 10. In the case of Deepak Wadhwa Versus Asstt. Commissioner of Income Tax, Circle 31(1), reported in 2021 (3) TMI 332, held that Reopening of assessment u/s 147 whether notice issued prior to the THAT:- Notice under Section 148 of the Act was issued after obtaining requisite concerned officer obtaining necessary administrative approval HELD administrative approval, we are not satisfied with the explanation given in the counter affidavit all, it can be called, as an explanation) been made to explain what is stated in paragraph 1 of the impugned order dated 28.09.2018. Further, held as under:- 'as far as the other aspect is concerned, in our view, since the proof put in place by the petitioner-assessee with regard to the acknowledgement of return filed for AY 2011-2012 has not been disputed by the Revenue, as noticed above, the challenge to the impugned notice and the impugned order will have to be sustained. Therefore, for the foregoing reasons, we are inclined to quash the impugned notice dated 27.03.2018 as also the impugned order dated 28.09.2018. It is ordered accordingly.' 11. The Hon'ble High Court of Gujrat in the case of Sag....
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....e assessee has failed. Moreover, it was the duty of the assessee to declare this transaction and to file the return of income for the assessment year 1991-92. The assessee has failed on both these counts. Therefore, the escapement of assessment of income is solely attributable to the assessee." 8. Therefore, it is apparent that the factor of non-filing of the return for the assessment year 1991-92 has overbearingly weighed with the respondent for arriving at the satisfaction about the failure on the part of the assessee and escapement of assessment of income. 9. On the basis of the same, even for the sake of argument, if the contention raised by Mr. Joshi is taken into consideration, the settled legal position is that in such circumstances, it would not be possible to say with certainty as to which factor would have weighed with the officer concerned and once it is shown that an irrelevant fact has been taken into consideration, to what extent the decision is vitiated would be difficult to say. On this count alone, the petition requires to be accepted. - - - - - - - - - - - - ---- - - - - - - - - - - 12. Therefore, taking into considerat....
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....ade for the first time and then records that no voluntary return has been filed by the assessee. Further, in column 9 of this proforma for obtaining approval of the competent authority, the Id. AO observes specifically that there has been no original assessment. 9. These facts as narrated when examined in the light of the reasons for reopening it appears that the fact of the assessee filing the return and that it was processed u/s 143(1) of the Act has not at all been taken cognizance of by the Id. AO and he merely relied whatever information reached the Investigation Wing and how it was examined. It appears that the AO has merely reproduced the facts coming up from the Investigation Wing and added his remark of escapement of income. It is coming up from the reopening to credit the To (Inv.) had called for all the relevant information with regard to credit and debit entries in the bank accounts which were filed before the ITO (Inv.). However, not a word of the same has been examined by the ld. AO to show as to if this information has been part of the assessee's return. 10. The aforesaid also established that authority granting the approval has also not entered....