2026 (3) TMI 1715

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....nder section 143(3) r.w.s 147 of the Income Tax Act, 1961. 2. The assessee has raised the following grounds of appeal: 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the reopening of assessment u/s 147 of the Act. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the assessment framed u/s 143(3) r.w.s. 147 instead of u/s 153C of the Act. 3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the addition of Rs. 84,52,000/- u/s 69. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in confirming the addition of Rs. 8,85,000....

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....his specific ground was not taken in the first round, the same is purely legal and goes to the root of the matter and has been raised before Ld CIT(A) in the set aside proceeding. 5. The Ld. Departmental Representative submitted that the issue of reopening has already been adjudicated by the Tribunal in the first round wherein the cross objection of the assessee was dismissed and reopening was upheld. It was further submitted that the assessee cannot now challenge the same. 6. We have heard the rival submissions and perused the material available on record. It is noticed that in the reasons recorded for reopening, the Assessing Officer has clearly stated that information was received from DCIT, Central Circle-6(2), Mumbai along with s....