Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Shri Inderjeet Singh Sachdeva, C/o M/s Shubham Nursing Home Versus DCIT, Range-1, Moradabad

2016 (6) TMI 376 - ITAT DELHI

Reopening of assessment - reasos to believe - Held that:- We find that the Hon’ble Apex Court in the case of GKN Driveshafts (India) Ltd. vs. ITO(2002 (11) TMI 7 - SUPREME Court) has held that “it is clear that the completion of assessment/reassessment without furnishing the reasons recorded by the AO for initiation of proceedings under section 147/148 of the Act is not sustainable in law as it is incumbent on the AO to supply them within reasonable time. - We note that on the anvil of this .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at income assessable to tax has escaped assessment. The furnishing of reasons to the assessee is to enable/facilitate it to present its defence and objections to the initiation of proceedings under section 147/148 of the Act. Therefore, we are of the considered opinion that there was no justifiable reasons for the AO to deprive the assessee of the recorded reasons by him for initiating proceedings under section 147/148 of the Act. Therefore, in our considered opinion, the reopening in question i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

dated 26.9.2013 passed by the Ld. CIT(A)-II, New Delhi relevant to assessment year 2001-02. 2. The grounds raised by the Assessee reads as under:- 1. That on the facts and circumstance of the case and in the law, the CIT(A) has erred in confirming the assumption of jurisdiction u/s. 148 by the AO which was inherently bad in law. 1.1 That on the facts and circumstances of the case and in the law the assessment order u/s. 148/144 as framed by the AO is bad in law and deserves to be quashed. 2. Th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ary and other sources at ₹ 2,47,000/-. The same was processed u/s. 143(1) of the Income Tax Act, 1961 (hereinafter referred as the Act) on 11.7.2002 creating a demand of ₹ 20,380/-. The order u/s. 143(1) of the Act was subsequently revised u/s. 154 of the Act and the demand was reduced to NIL. Thereafter, notice dated 28.3.2008 u/s. 148 of the Act was issued to the assessee on the basis of information from the DIT(Inv.-I), New Delhi in respect of the fact that the gifts received by t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ch also remained un-responded. As per the notice, the assessee was required to produce appropriate evidences in respect of the gift worthiness of the donors and other evidences which the assessee wished to rely upon. AO observed that nothing in this regard has been produced by the assessee. Under the circumstances, the AO taken up the case on merit u/s. 144 of the Act and observed that since the assesee was required to prove the creditworthiness of the donors which remained unproved on account o .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

gift remained unproved. Accordingly, the AO assessed the income of the assessee at ₹ 14,47,000/- by making addition of ₹ 12 lacs vide his order dated 30.12.2008 passed u/s. 148/144 of the Act. 4. Against the Order of the Ld. AO, assessee appealed before the Ld. CIT(A), who vide impugned order dated 26.9.2013 has dismissed the appeal of the assesseee. 5. Aggrieved with the aforesaid order of the Ld. CIT(A), Assessee is in Appeal before the Tribunal. 6. At the time of hearing, Ld. Cou .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. Assessee has also requested in the letter dated 9.4.2008 that reasons recorded for issuing of Notice u/s. 148 of the Income Tax Act, 1961 may also be supplied to him, which was not supplied to the assessee till the completion of assessment. Thereafter, on 30.12.2008 the AO framed the assessment u/s. 148/144 without giving the copy of the reasons recorded as requested by the assessee. This point was also specifically raised before the CIT(A) and the Ld. CIT(A) vide para no. 3.1 of his impugned .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

aforesaid, the assessment may be quashed being bad in law. In support of his contention he relied upon the various other case laws and filed a Paper Book containing pages 1 to 44 having the copy of the various following decisions, wherein on similar facts and circumstances the assessment declared null and void. - Hon ble Bombay High Court in the case of CIT vs. Trend Electronics 2015-TIOL-2393-HC-Mum. - Hon ble Bombay High Court in the case of CIT vs. Videsh Sanchar Nigam Ltd. 340 ITR 66 (Bom.) .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

. DCIT 2015-TIOL- 1929-ITAT-Ranchi. - Decision of Coordinate Bench of Hyderabad ITAT in the case of S. Prasad Raju Vs. DCIT 96 TTJ 832. 7. On the contrary, Ld. DR relied upon the order passed by the CIT(A) and stated that he has passed a well reasoned order, which needs to be upheld. 8. We have heard both the parties and perused the relevant records available with us, especially the orders of the revenue authorities and the case law cited by the assessee s counsel on the issue in dispute. In our .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Whereas I have reason to believe that your income chargeable to tax for the assessment year 2001-02 has escaped assessment within the meaning of Section 147 of the Income Tax Act, 1961. I, therefore, proposed to assessee the income for the said assessment year and I hereby request you to deliver to me within 15 days from the date of service of this notice a return in the prescribed form for the said assessment year 2001-02. This notice is being issued after obtaining the necessary satisfaction .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ready filed my income tax return for the AY 2001-02 vide receipt no. 471 dated 31.7.2001 with Circle Moradabad. Kindly treat the same as having been filed in response to your notice u/s. 148 as referred to above. Photocopy of the receipt of the income tax return alongwith computation of income is enclosed herewith for your ready reference. Further, you are requested to kindly provide me the reasons recorded for issuing the notice u/s. 148. Thanking you, Yours faithfully, Sd/- (IS Sachdeva) Date: .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ic request for the same…………. 8.3 After going through the Notice dated 28.3.2008; Reply of the Notice dated 9.4.2008 of the assessee and the finding of the Ld. CIT(A) made in his impugned order dated 26.9.2013 vide para no. 3.1 and the law as laid down by the Hon ble Apex Court in the case of GNK Driveshafts (India) ltd. vs. ITO reported in 259 ITR 19 (SC) and also the various case laws, as cited by the ld. Counsel of the Assessee, we find that the Hon ble Apex Court i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version