TaxTMI 
TaxTMI 
2025 (4) TMI 2027
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....ing grounds of appeal: ON NATURAL JUSTICE: 1.1 In the facts and circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre ["the CIT(A)" for short] erred in confirming the action of the Learned Assistant Commissioner of Income Tax Central Circle-2 (3), Mumbai ["the AO" for short), in passing the assessment order u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 ["the Act" for short] in gross violation of the principles of Natural Justice and without appreciating that the said assessment order was passed without affording a fair, reasonable and sufficient opportunity of being heard to the Appellant. ON JURISDICTION AND REASSESSMENT: 2.1 In the fa....
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.... were made in AY 2013-14 (FY 2012-13) and therefore no addition could have been made in the hands of the Assessee in AY 2012-13 i.e., the relevant assessment year under appeal. 3.3 In the facts and circumstances of the case and in law, the addition made by the Ld. AO and as affirmed by the Ld. CIT(A) deserves to be deleted. 4. The Appellant craves leave to add, amend, alter, delete or modify all or any the above grounds at the time of hearing. 2. Brief facts of the case are that assessee was reopened under section 147. Notice under section 148 dated 27.03.2019 was served upon the assessee after recording the reasons. The case of assessee was reopened on the basis of information received from ITO-25(1)(4), Mumbai that a ....
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....ade thus, the assessing officer made the addition of 'on money' paid to builder and treated the same as unexplained investment, while passing assessment order under section 143(3) r.w.s. 147 on 24.10.2019. 3. Aggrieved by the addition in assessment order, the assessee filed appeal before CIT(A). Before CIT(A), the assessee challenged the addition of alleged on money. The assessee filed his detail written submission. The submission of assessee is recorded in para 5 of impugned order. The assessee in his submission submitted that during assessment, evidence of cash withdrawal was furnished before the assessing officer. The assessee handed over the bearers cheque to the builder. Such cheques were handed over for payment of statutory payment....
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....have heard the submission of ld. Authorised Representative (AR) of the assessee and the ld. Sr. Departmental Representative (DR) of the Revenue. The ld AR of the assessee submits that he has challenged the validity of reopening as well as addition on merit. The ld. AR of the assessee submits that he has good case on merit as well as validity of reopening. The ld. AR of the assessee submits that he has good case on legal issue as well as on merit. He invited our attention at para 7.5 of order of ld. CIT(A) wherein he has categorically recorded that assessee issued all the cheques on 11.092012, 18.09.2012 and 25.09.2012. The ld. AR of the assessee also shown as the copy of various receipts acknowledged by builder against the consideration of ....