TaxTMI 
TaxTMI 
2015 (5) TMI 1279
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....for the assessment year 2005-06 are as under :- 1. "That the order of the Learned Commissioner of Income Tax (Appeals) is arbitrary, biased and bad in law and facts of the case. 2. That the Learned Commissioner of Income Tax (A) has grossly erred in confirming the action of the assessing officer in assuming jurisdiction u/s 147/148 of the Act, and in passing an order u/s 143(3)/147 which is void, ab-initio. 3. That the Learned Commissioner of Income Tax (A) has grossly erred in holding the mechanical reopening of the assessment by the assessing officer as proper without having belief that the income had escaped assessment as the information received from the Investigation Wing of the department was mechanically re....
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....come Tax(Appea1s) is arbitrary, biased and bad in law and facts of the case. 2) That the Learned Commissioner of Income Tax (A) has grossly erred in confiming the action of the assessing officer in assuming jurisdiction U/S 147/148 of the Act, and in passing an order U/S 143(3)/147 which is void, ab-initio. 3) That the Learned Commissioner of Income Tax (A) has grossly erred in holding the mechanical reopening of the assessment by the assessing officer as proper without having belief that the income had escaped assessment as the information received from the Investigation Wing of the department was mechanically reproduced in reasons for reopening the assessment. 4) Without prejudice to Ground no. 2 and 3 above, th....
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....lant). The CIT(A) has categorically mentioned in this direction dated 27.2.2012 that he was unable to find any reference to the transaction with M/s. PCI Ltd. in the copy of the sworn statement of Shri S.K. Gupta supplied to his office. The Ld. Counsel for the assessee submitted that the AO in his remand report dated 4.7.2012 with reference to the direction of the CIT(A) u/s 250 (4) dated 27.2.2012 submitted in para 3.2 thereof that the copy of statement of Shri S.K. Gupta as reported by investigation wing and forwarded to CIT(A) was presently not available in his office record. He made a general observation that Shri S.K. Gupta has floated a number of papers concerns / entities and each concern gave huge number of accommodation entries of ....
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....e infrastructure whatsoever to render service so disclosed in the business. He refereed the relevant portion of the order of the CIT(A) in support of the case of the revenue and relied on the order of the AO and CIT(A). 6. We have considered the rival submissions carefully and perused the order of the AO and the CIT(A). In this case of the assessee original assessment was framed in scrutiny assessment u/s 143(3) of the Act. Thereafter the completed assessment was sought to be reopened by the AO by issuance of the notice u/s 148 on the assessee on basis of reopening of the two assessments of the assessee by way of reasons recorded by the AO that information was received from investigation wing of the department as a result of search and s....
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....s were conducted in the address of both M/s Globex Tech India Ltd. and M/s. BT Tech Net Ltd.( group companies of Shri S.K. Gupta). The CIT(A) has further directed to depute the inspector to carry out necessary enquires etc. and the assessee may be asked to furnish copies of the bank account, details of the persons who have verified these payments etc. The AO has filed a detailed remand report dated 4.7.2012 admitting that the action u/s 147 of the Act was taken in the assessee's case on the basis of information received from the investigation wing. The AO further submitted in the remand report that the copy of statement of Shri S.K. Gupta as recorded in the investigation wing and forwarded to CIT(A)'s office is presently not available in th....