2025 (2) TMI 1546

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...., the assessee has taken 8 grounds of appeal whereas in assessment year 2013-14, he has taken 5 grounds of appeal. However, ground No. 1 is common in all the years. This ground is a legal and jurisdictional ground. In brief, this ground provides that though AO has not made the additions on the item for which assessment was reopened, he has made the addition on other issues qua them he found the income to be escaped during the assessment proceedings. The ld. Counsel for the assessee, at the very outset submitted that assessment of the assessee was reopened for all the three years. The reasons for re-opening are almost identical. The reasons for assessment year 2012-13 are available on page 5 of the Paper Book. The relevant part of these reas....

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.... income on sale of flats, it is estimated that at least an Income (Profit) on account of sale of Flats at Mehli estimated at Rs. 15,00,000/- or any other income which may come to notice during assessment proceeding has escaped assessment. In this case a return of income was filed for the year under consideration but no scrutiny assessment u/s 143(3) of the Act was made. Accordingly, in this case, the only requirement to initiate proceedings u/s 147 is reason to believe which has been recorded above. It is also pertinent to mention that in this case the assessee has filed return of income for the year under consideration but no assessment as stipulated u/s 2(40) of the Act was made and return of income was only processed u/....

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....9;ble Supreme Court which has also been dismissed on 05.10.2018. The dismissal of SLP is being reported in 99 taxmann.com 312. On the strength of these judgements, assessee contended that if additions on the item for which assessment was reopened not made, then no other addition could be made. 5. On the other hand, ld. Sr.DR has relied upon the judgement of Hon'ble Punjab & Haryana High Court reported in Shri Majinder Singh Kang Vs CIT Amritsar dated 13.09.2010. She has placed on record copies of judgements. 6. We have duly considered the rival contentions and gone through the record carefully. There is no dispute with regard to the proposition propounded by the Hon'ble Bombay High Court, Delhi High Court and Gujrat High Court....