TaxTMI 
TaxTMI 
2025 (4) TMI 2214
X X X X Extracts X X X X
X X X X Extracts X X X X
.... for A.Y 2011-12, the assessee has raised the following grounds of appeal: 1. That the assessment order in the case of the Appellant for the A.Y 2011-12 passed by Ld. DCIT, Central Circle, Kota is bad in law, without jurisdiction, perverse, beyond permitted time and in blatant disregard of the law of the land. 2. The very action taken u/s. 147 r.w.s 148 of the Act is bad in law without jurisdiction and being void ab-initio, the same kindly be quashed. Consequently, the impugned assessment framed u/s. 143(3)/147 of the Act dated 06.12.2018 also kindly be quashed. 3. The impugned order u/s. 250 of the Act dated 28.02.2024 is bad in law and on facts of the case, for want of jurisdiction and various other reasons and ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....the Act declaring total income at Rs. 11,14,000/-. Thereafter a search action was carried out on 07.08.2017 on the assessee's Resonance Group. During search and post search investigation as per the department it was found that certain income of the assessee for F.Y. 2010-11 has escaped assessment amounting to Rs. 11 Lacs. In view of this a notice u/s. 148 of the Act was issued vide dated: 26.03.2018. In response to this notice the assessee filed a return vide dated: 25.04.2018 declaring total income at Rs. 16.65 Lacs. Ultimately, the case of the assessee was assessed at Rs. 22.14 Lacs, i.e. after making further addition of Rs. 5.49 Lacs. The assessee being aggrieved with the same preferred an appeal before the Ld. CIT (A), who in turn confi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....any person in the course of a search under section 132 or survey under section 133A, it may, in any proceeding under this Act, be presumed- (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person; (ii) that the contents of such books of account and other documents are true; and (iii) that the signature and every other part of such books of account and other documents which purport to be in the handwriting of any particular person or which may reasonably be assumed to have been signed by, or to be in the handwriting of, any particular person, are in that person's handwriting, and in the case of a document stamped, executed or attested....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r than the assessee miserably failed to explain the document and transaction. Surprisingly, it is also beyond our understanding that on what basis he revised his return u/s. 148 of the Act by Rs. 5.51 Lacs and why not the whole amount of Rs. 11 Lacs. On all the grounds raised before us, we found the order of Ld. CIT (A) the same has been objectively, logically and legally answered by him. But here the moot question, as raised by the assessee through ground nos. 1 and 2 are about the validity of notice issued u/s. 148 of the Act. We have considered the provisions of section 149 r.w.s. 148 of the Act for the relevant assessment year, i.e. 2011-12. For this year the time limit was six years from the end of the relevant assessment year subject ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....and confirmed being contrary to the provisions of law and facts of the case, the same may kindly be deleted in full. 3. The Ld. CIT (A) further erred in law as well as on the facts of the case in confirming the interest charged u/s 234A and 234B of the Act. The appellant totally denies its liability of charging of any such interest. The interest so charged, being contrary to the provisions of law and facts, kindly be deleted in full. 4. The Id. CIT (A) further erred in law as well as on the facts of the case in imposing tax, surcharge, cess etc. as per provision of Section 115BBE of the Act. The invoking of Sec. 115BBE is contrary to the provisions of law, on facts and without jurisdiction. The appellant totally denies its....