2025 (11) TMI 1161

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....gainst the order dated 21.03.2022 passed u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the ACIT, Central Circle-14, New Delhi (hereinafter referred to as the Ld. AO). 2. Heard and perused the records. Brief facts of the case are that the case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act dated 31.03.2021, based on certain material allegedly impounded during the course of survey proceedings conducted at the premises of M/s Mayfair Resorts India Pvt. Ltd. The assessee filed its return of income on 25.11.2021 at same income as shown in the original return of income. The assessment u/s 147 of the Act has been completed on 21.03.2022 after making an addition of ....

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....age 7 of the assessment order, which is reproduced below: 5.1 The assessee vide its letter dated 16.03.2022 has submitted its reply wherein the assessee stated that the assessee LLP does not have any transaction with M/s Mayfair Resorts Private Limited during the year under consideration and the assessee does not have any transaction with M/s Mayfair Resorts Private Limited, therefore, it does not have any ledger account ijn the books of the assessee. 5. Ld. Counsel has submitted that if the allegation or ground is not made at the stage of show cause itself, it is not permitted for the authorities to create a new ground. Travelling beyond show cause would defeat the very purpose of principles of natural justice. Therefore, adher....

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.... had prompted the A.O. to arrive at a prima facie conclusion and issue show cause notice. The power that the A.O. had was required to be executed properly. Moreover in the assessment order dated 29th September 2022 that is impugned in the petition, the A.O. has chosen to give Section 56(2](x], a go by and treat the stamp duty value of the flat at Rs. 11,68,99,000/- as from unexplained source under Section 69 of the Act. There is no reference to Section 56(2)(x) of the Act in the operative part of the order dated 29th September 2022. 10. In the circumstances, the impugned order dated 29th September 2022 cannot be sustained. The allegations in the affidavit in reply that assessee has claimed tenancy rights as colourable device in ord....