TMI Blog2013 (7) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... arwal and Shri Gautam Jain, Advocates and Shri Shailesh Gupta, CA. For the Respondent : Shri Tarun Seem, Sr. DR. ORDER Per Bench :- These three appeals by the assessee are directed against the order of learned CIT(A)-XXXI, New Delhi dated 29th February, 2012 for the AY 2000-01 to 2002-03. 2. The assessee has raised common grounds in all the appeals. Ground No.1 reads as under:- 1. That the learned Commissioner of Income Tax (Appeals)-XXXI, New Delhi has grossly erred both in law and on facts in upholding the initiation of proceedings under section 147 of the Act and framing of assessment under section 147/143(3) of the Act which were without jurisdiction and therefore deserves to be quashed as such. 1.1 That ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome but the satisfaction is recorded only with regard to receipt of some remittance from abroad. The learned counsel stated that the assessee did not have any taxable income and, therefore, he was not required under the law to furnish the return of income and disclose the remittances received by him which were not in the nature of income. He, therefore, submitted that there was no escapement of income at all. 4. Learned DR, on the other hand, argued at length. He stated that from the reasons recorded, it is evident that first the Assessing Officer i.e., the ACIT, Central Circle-5, New Delhi recorded the reasons for reopening of assessment. Then, the same was forwarded to the Additional CIT, who, being satisfied with the reasons recorded ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evident that first the Assessing Officer has recorded the reasons for reopening of assessment. Thereafter, the Additional CIT simply signed the same and forwarded to the CIT. The CIT examined the above recording of reasons and then mentioned Approval is accorded for reopening assessment of Sh. Vipin Khanna for A.Y. 2001-02 . 6. That sub-section (2) of Section 251 reads as under:- (2) In a case other than a case falling under sub-section (1), no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, after the expiry of four years from the end of the relevant assessment year, unless the Joint Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it ..... X X X X Extracts X X X X X X X X Extracts X X X X
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