TMI Blog2017 (1) TMI 562X X X X Extracts X X X X X X X X Extracts X X X X ..... Sh. Ved Jain, CA Sh. Ashish Chadha, CA Respondent by : Anil Kumar Sharma, Sr. DR ORDER This appeal filed by the Assessee against the Order dated 18.12.2015 passed by the Ld.CIT(A)-15, New Delhi for Assessment Year 2009-10 on the following grounds:- 1. On the facts and circumstances of the case, the order passed by the learned Commissioner of Income Tax (Appeals) [CIT(A)] is bad both in the eyes of law and on facts. 2. (i) On the facts and circumstances of the case, learned CIT(A) has erred both on facts and in law in confirming the order of the AO rejecting the contention of the assessee that reopening the assessment under Section 147 of the Act without complying with the statutory conditions and the procedure prescribed under the law is bad and liable to be quashed. (ii) On the facts and circumstances of the case, learned CIT(A) has erred both on facts and in law in confirming the order of the AO rejecting the contention of the assessee that the reason recorded for reopening of the assessment are bad in law, and as such the reopening of the assessment is illegal and liable to be quashed. 3. On the facts and circumstances of the case, the lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent proceedings, it was observed by A0 that the amount of ₹ 9,33,420/- paid by employer as share of assessee out of total banquet service charges collected and divided amongst employees. Therefore, no separate expenditure was incurred by assessee in order to earn the said banquet tips. He, therefore, proposed to disallow the expenses claimed by assessee. In the profit and loss account against the aforesaid receipts. In reply, assessee explained that he was handling banquet services which included services like hiring of bar tenders, flower decoration services, hiring of casual staff and renting of equipment etc. It was further explained that against the aforesaid receipts, expenses have been incurred by assessee which are not in the knowledge of employer, the ITC Maurya. The assessee also objected to the reopening of assessment proceedings by AO. After considering the explanation given by assessee, AO concluded that there was definite information of payment made and tax deducted at source In the form of 26AS statement for reopening the assessment proceedings In the case of assessee. On merit, it was observed by AO that bills of expenses submitted by assessee have no serial nu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... officer that any income has escaped assessment. To support this contention he relied upon the Hon ble Delhi High Court decision in the case of CIT vs. Orient Craft Ltd. 354 ITR 536 (Delhi). Ld. Counsel of the assessee further stated that AO has grossly erred in reopening the assessment of the assessee only on the basis of Form 26AS and the TDS certificate issued by the employer of the assessee, hence, no tangible material was before the AO apart from the TDS certificate, to form a belief that income has escaped assessment. He further stated that it is a settled law that an assessment could not be reopened only on the basis of difference in TDS certificate and receipts shown in the P L account. To support this contention he placed reliance on the following Tribunal s decisions:- i) Rafeeq Iqbal vs. ITO (ITAT, Hyderabad) ITA No. 709/Hyd/2013 dated 13.9.2013. 2013 (11) TMI 8 ITAT Hyderabad. ii) Meheria Reid Co. vs. ITO ITA No. 53 54 Kol of 2010 dated 28.12.2012 2013 (2) TMI 348 ITAT Kolkata. iii). M/s Krishna Reddy Contractors vs. ITO ITA No. 1347/Hyd/2013 dated 30.6.21014 2014 (7) TMI 644 ITAT Hyderabad. 6. On the other hand, Ld. DR relied up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e part of the assessee to disclose fully and truly all material facts. The income chargeable to tax has escaped assessment for this assessment year. Therefore, it is a fit case for the issuance of notice u/s. 148 of the Income Tax Act, 1961. Date: 14-11-2012 Sd/- (Ombir Singh) Income tax Officer, Ward 27(3), New Delhi 7.1 After going through the orders passed by the Revenue Authorities and the arguments advanced by the Ld. Counsel for the Assessee, reasons recorded by the AO and the judgments cited by the assessee in the case of CIT vs. Orient Craft Ltd. 354 ITR 536 (Delhi), I find that in this case the Hon ble has held as under (Head Notes):- Held, dismissing the appeal, that the reasons disclosed that the Assessing Officer reached the belief that there was escapement of income on going through the return of income filed by the assessee after he accepted the return under section 143(1) without scrutiny, and nothing more. This was nothing but a review of the earlier proceedings and an abuse of power by the Assessing Officer. The reasons recorded by the AO did confirm the apprehension about the harm that a less strict interpretation of the w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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