TaxTMI 
TaxTMI 
2025 (12) TMI 1641
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.... "1) The learned CIT(A) erred in dismissing the appeal without considering the fact that the JAO has issued the notice u/s. 148 of the Act without application of mind. It is prayed that the notice u/s. 148 of the Act be held to be illegal, unlawful, void ab initio and bad in law and the assessment order passed in pursuance thereto be directed to be set aside. 2) The learned CIT(A) erred dismissing the appeal without considering the fact that the JAO has issued the notice u/s. 148 of the Act without making independent enquiries by merely relying on external information. It is prayed that the notice u/s. 148 of the Act be held to be bad in law and the assessment order directed to be set aside 3) The learned CIT(A) erred in....
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....on 132 of the Act." 3. The additional grounds raised are pure legal issue, which does not require investigation of new facts. Hence, placing reliance on the judgment of the Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. v. CIT (1998) 229 ITR 383 (SC), we admit the additional grounds. 4. The assessee is an individual and filed the return of income for AY 2012-13 on 30.09.2012 declaring total income of Rs. 11,85,751/-. The return was processed u/s. 143(1) of the Act. The AO received an information from DDIT (Inv.) based on the search and seizure action conducted on Rajendra Jain group that the assessee has been one of the beneficiary of the accommodation entries towards purchasers from the entry provider M/s Maya for ....
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....The ld. AR submitted that the assessee has furnished all the details pertaining to the impugned transactions such as the ledger copy, invoice raised by M/s. Maya Impex, the corresponding export sales invoice raised on M/s World Impex and the stock statement, etc. (page 35 to 40 of PB). The ld. AR also drew our attention to the letter submitted by the assessee before the AO requesting to summon the party for cross-examination. The ld. AR argued that the AO while making the impugned transaction as bogus has completely relied on the findings in a third party search and the statements recorded therein. The ld. AR further argued that the AO did not conduct any independent inquiry with regard to the transactions and has not examined the various d....
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....bmitted that the assessee's case is clearly distinguishable since the assessee has furnished the relevant details before the AO and no adverse finding has been recorded by the AO on the merits. Accordingly, the ld. AR submitted that the reliance placed by the ld. DR on the decision of the Jurisdictional High Court is misplaced. 8. We heard the parties and perused the material on record. The assessee's case was reopened based on the information received from DGIT (Inv.) as a result of search and seizure operation conducted in the case of a third party Shri Rajendra Jain and family. From the perusal of the order of the AO we notice that the AO has elaborated the various findings of the Investigation Wing as a result of the search a....