2025 (2) TMI 1924

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....ssed u/s 143(3) of the I. T. Act. The income declared by the assessee in return of income, amounting to Rs. 22,45,110/- plus agricultural income of Rs. 3,21,830/- was accepted by the Assessing Officer in the aforesaid assessment order, and no addition was made. The assessment order was revised by learned Pr.CIT by way of impugned order dated 14/03/2022 passed u/s 263 of the I. T. Act. In the aforesaid impugned order of Pr.CIT, the assessment framed by the Assessing Officer was set aside, to be framed de novo as per law. Grounds of appeal are as under: "1. That the order is bad both on law and facts and is liable to be cancelled. 2. That all the facts were thoroughly considered by the assessing authority and after consideri....

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....s under: "Because the order passed by the Ld. Pr. Commissioner of Income Tax / Bareilly, is defective and is liable to be set aside as he has merely acted on the basis of the review of the case done by his predecessor and he himself has not done any review of the case and recorded his satisfaction before the issue of fresh notice" (B.2) Vide letter dated 12/12/2024, the learned Pr.CIT strongly objected to the aforesaid additional ground raised by the assessee and requested that the same may not be admitted. The relevant portion of the aforesaid letter dated 12/12/2024 of learned Pr.CIT is reproduced below: (C) In the course of appellate proceedings in Income Tax Appellate Tribunal, a letter dated 08/05/2023 was filed by learn....

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....ed that all the purchase and sale vouchers were produced along with books of account before the Dy. Commissioner of Commercial Tax, Pilibhit in which he had accepted the sale and purchase disclosed by the assessee. He contended that this fact itself proved the availability of Rs. 70,00,000/- deposited in bank. He further submitted that books of account were not rejected. He also submitted that the agricultural income disclosed by the assessee was reasonable and there was no error on the part of the Assessing Officer in accepting the same. He placed reliance on the books of account and written submissions filed in the course of appellate proceeding in Income Tax Appellate Tribunal. (F) The learned D.R. for Revenue submitted that the mere ....

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.... clear that the Assessing Officer passed assessment order dated 28/11/2019 without making inquiries or verification that should have been made. No case has been made by the assessee's side to persuade us to interfere with the impugned order of learned Pr.CIT passed u/s 263 of the I. T. Act. In view of the foregoing, all the grounds of appeal are dismissed. (H) In the result, the appeal of the assessee stands dismissed. (Order pronounced in the open court on 11/02/2025). ============= Document 1 . . भारत सरकार GOVERNMENT OF INDIA कार्यालय प्रधान आयकर आयुक्त OF....