TaxTMI 
TaxTMI 
2025 (12) TMI 278
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....der of NFAC without appreciating the fact that id. JAO has grossly failed to show that his action of reopening was in accordance to the law laid down u/s.147-151 of the Act, and hence, the decision confirming the assessment order is bad in law being void ab inito. It is trite law that power of CIT(A) is curtailed by the power of the JAO. b. Ld. AO erred to do something indirectly which could not have done directly and in the process, he initiated the proceeding even before invoking s.148A(a) of the Act by seeking the information as if it is a case of 143(3) in the proceeding initiated u/s. 147 of the Act and thus, it is a case of extension of limitation period u/s.143(3) of the Act in the pretext of assessment of escapement of inco....
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....ssment, the assessing officer issued show cause notice to the assessee on 17.04.2023 for seeking certain information. In response to such show cause notice, the assessee filed his reply dated 24.04.2023. In reply, the assessee asked for material and the information about escapement of income along with approval of higher authorities under section 151 r.w.s. 148A(b). The assessing officer in para 4.3 of assessment order recorded that assessee was informed that notice under section 148A(d) was issued after obtaining prior approval of competent authority. The assessee was asked about certain details before issuing such notice. The assessee has not furnished such information. The assessee is questioning the validity of notice and asking for sup....
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....2. It was further stated on examination of information which was flagged the stage of conducting enquiry under section 148A(a) is not required. The order under section 148A(d) was passed wherein in para 2 of said order it was recorded that a search and seizure action under section 132 was carried out by DDIT (Inv.) Unit - 54, New Delhi on 25.03.2017. The enquiries were conducted and it was established that Deepak Goel and Vikash Gupta facilitated to purchase shares of reputed listed companies in cash. The cash was taken from clients who were interested to purchase shares in cash and introduced into their companies and one of them is Vagabond Tradex Pvt. Ltd. The assessee invested Rs. 16,96,271/- in the share of companies. The assessee sough....
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....d. CIT(A) rejected the contention of assessee against reopening. Against the addition on merit, the ld. CIT(A) submitted that it was for the assessee to provide details in connection entered with broker. The assessee stated that contract note was provided. But the assessee has not provided any documentary evidence to examine the transaction either at the time of assessment proceedings or before appellate proceedings to prove the transaction and upheld the addition under section 69A. Further, aggrieved the assessee has filed present appeal before Tribunal. 5. We have heard the submission of ld. Authorised Representative (ld. AR) of the assessee and the ld. Senior Departmental Representative (ld. DR) for the revenue. The ld. AR of the asse....
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....d the copy of communication with assessing officer. The ld. Sr. DR submits that he supports the order of lower authorities on reopening as well as on merit. 7. We have considered the rival submissions of both the parties and have gone through the orders of lower authorities carefully. We find that order under section 148A(d) was passed in case of assessee on 13.04.2022. In the said order, the assessing officer recorded that notice under section 148A(b) was issued with prior approval of competent authority dated 29.03.2022. We find that assessee is seeking repeatedly about such approval for issuing notice till date neither such approval was provided to the assessee nor copy of which is placed before Tribunal. We further find that before C....