2025 (3) TMI 2288

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....ORDER PER RAJESH KUMAR, AM: These are appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the "Ld. CIT(A)"] dated 11.10.2023 & 12.10.2023 for the AYs 2010-11 & 2011-12 respectively. ITA No. 48/KOL/2024 for A.Y. 2011-12 02. At the time of hearing, the assessee only pressed ground no.4, which is extracted as under....

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....sessee was provided a copy of the reasons recorded to which the assessee filed objection which were disposed off by the ld. AO vide order dated 25.07.2018. The case of the assessee was reopened after information was received from the investigation wing, Kolkata that assessee was beneficiary of accommodation entries to the tune of Rs.35.00 lacs from M/s Deergold Suppliers Pvt. ltd. According to the....

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....ore the ld. CIT (A) by way of raising ground no. 1 and 2 in an appeal, however, there was no specific adjudication on this issue by the ld. Commissioner of Income-tax (Appeals). 05. After hearing the rival contentions and perusing the materials available on record, we find that admittedly the case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act on 22.03.2018....

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....uring the course of assessment proceedings which has resulted into an escapement of income. Therefore the reopening of assessment u/s 147 of the Act which is in violation of proviso to section 147 of the Act can not be sustained as the same is invalid and illegal. The case of the assessee is squarely covered by the decision of Hon'ble Apex Court in the case of ACIT vs. CEAT Ltd. [2023] 146 taxmann....