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TMI Blog2013 (6) TMI 406X X X X Extracts X X X X X X X X Extracts X X X X ..... /s 148 is not the same person who recorded the reasons for the issuance of the said notice and therefore it is bad in law. (Ref Hynoup Food and Oil Industries Ltd. vs ACIT 307 ITR 115 Guj) 2. That the CIT(A) erred in upholding disallowances of Rs. 3,18,000/- on account of gift by observing that identity, creditworthiness and genuineness of the donor has not been proved by the appellant, which is contrary to the material on record. 3. That the CIT (A) erred in upholding the addition of Rs.59,440/- on account of share trading profit as the appellant has declared the said share profit as income in the earlier year. 4. That the order passed by the ACIT/CIT (A) bad in law and on facts as it has been passed without properly considering the ev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer further made an addition of Rs.18,000/- which was claimed by assessee as gift in cash. The Assessing Officer made the addition on account of non furnishing of details of cash gift. 4. Aggrieved, the assessee filed appeal before CIT (A) and challenged the re-opening of proceedings and also furnished his arguments relating to merits of the case. The Ld. CIT (A) however, did not agree with the contentions of assessee and after discussing the modus operandi of getting accommodation entries and after relying upon a number of case laws upheld the addition made by Assessing Officer by holding as under" "After considering all the facts and circumstances of the case, I am of the view that there is no genuine gift transaction and there is no m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of section 147 and on the basis of Delhi High Court's decision in the case of Signature Hotel Pvt. Ltd. reported in 338 ITR 51, argued that the case of assessee is similar to the case of decided by Hon'ble Delhi High Court in which the Hon'ble High Court held that notice issued on report of Director of Income Tax Investigation was not a valid law for re-opening of the case. On merits, the Ld. AR argued that assessee had furnished all the information required by Assessing Officer and in this connection our attention was invited to paper book page 12 where a copy of reply of assessee was placed. Inviting our attention to para 5 of said letter, the Ld. AR submitted that the assessee had furnished copy of bank account of Shri Raj Kumar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng validity of reopening but Ld. AR has argued on the validity of reopening. He further argued that officers of Department keep on changing due to transfers and, therefore, there can be different persons who recorded the reasons and who issued the notices. Regarding merits of the case, the Ld. Departmental Representative relied upon the order of the Assessing Officer and CIT (A). 8. We have heard the rival parties and have gone through the material placed on record. The first ground raised by assessee is regarding difference in persons who recorded the reasons and who issued the notice but Ld. AR did not press the same and pressed against the reopening of the case on different ground to which Ld. Departmental Representative has objected as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was claimed to have been received on marriage anniversary of the assessee which should have been accepted by Assessing Officer. In view of the above, we allow ground no.2 of the appeal. As regards ground no.3 regarding receipt of amount of Rs.59,940/-, we observe that the same was declared as income in the financial year 2002- 03 as apparent from paper book page 17 and the same was received in the year under consideration which is apparent from paper book 18 which is a copy of bank account. Therefore, we do not consider this amount as unexplained and, hence, ground no.3 is allowed. Ground Nos. 4 & 7 are general and do not require any adjudication. Ground Nos. 5 and 6 are consequential and do not require any adjudication. In view of the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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