2026 (5) TMI 51

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....es are common and the appeals are connected, hence the same are heard together and are being disposed off by this common order. We take ITA No.6052/Del/2025 for AY 2017-18 as lead case. 3. The assessee has taken the following grounds of appeal in AY 2017-18 :- "1) That the learned CIT(A) erred in law and on facts in upholding the reopening of assessment u/s 148 of the Act, which was done on the basis of borrowed satisfaction only without independent application of mind by the Assessing Officer. 2) That the notice issued u/s 148 of Income Tax Act for re-opening of the assessment is illegal and is liable to be annulled as assessee had disclosed fully and truly all the material facts at the time of filing original ITR. Ass....

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....k of the appellant without giving an opportunity to the appellant to rebut the same and also cross examination denied is in violation of the principle of natural justice. 8) That the reassessment order was passed without jurisdiction, illegal and bad in law, since sanction obtained under section 151 had been accorded in a mechanical manner. 9) That the assessment as well as the appellate order passed are prejudicial to interest of the appellant and against the principles of natural justice as both orders suffer from serious procedural Infirmities." 4. First we take up legal issue raised by the assessee in the ground no.7 wherein assessee has challenged that the learned CIT (A) has erred on facts and in law in upholding ....

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.... CIT [1962] 45 ITR 206 (SC) (iii) Commissioner of Income Tax vs. M/s Odeon Builders Pvt. Ltd. (SC) [418 ITR 0315] (iv) ANUBHAV JAIN VERSUS I.T.O, WARD 35 (5) NEW DELHI, I.T.O, WARD 35 (4) NEW DELHI [2018 (11) TMI1487 -ITAT DELHI (v) Smt. Jyoti Gupta Versus The I.T.O, Delhi - 2018 (11) TMI 1353 - ITAT NEW DELHI Accordingly, he pleaded that reopening of the assessment may be quashed. 6. On the other hand, ld. DR of the Revenue objected to the same and relied on the orders of the authorities below. 7. Considered the rival submissions and material placed on record. Before us, assessee has raised the issue of jurisdiction with the submission that the Assessing Officer has reopened the assessment solely on the ....

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....ents and wanted to cross-examine, the Adjudicating Authority did not grant this opportunity to the assessee. It would be pertinent to note that in the impugned order passed by the Adjudicating Authority he has specifically mentioned that such an opportunity was sought by the assessee. However, no such opportunity was granted and the aforesaid plea is not even dealt with by the Adjudicating Authority. As far as the Tribunal is concerned, we find that rejection of this plea is totally untenable. The Tribunal has simply stated that cross-examination of the said dealers could not have brought out any material which would not be in possession of the appellant themselves to explain as to why their ex-factory prices remain static. It was not for t....