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Sushil Gaur, Shelly Agarwal Versus ITO, Ward 2 (3) , Ghaziabad

Reopening of assessment - Assessment u/s 153A relied upon - Held that:- It is an admitted fact, as also evident from the reasons recorded and the assessment order that the initiation of reopening proceedings was made by the Assessing Officer on the basis of information available with the AO. Thus respectfully following the decision of Co-ordinate Bench of the ITAT, Amritsar in the case of ACIT vs. Arun Kapur (2012 (6)403 - ITAT AMRITSAR) and Rajat Shubra Chatterji vs. ACIT, New Delhi [2016 (7)25 .....

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ed:- 8-8-2017 - SHRI H.S. SIDHU, JUDICIAL MEMBER For The Assessee Sh. Rajesh Jain, CA & Ms. Chandrima Chaudhury, Adv. For The Department : Sh. T. Vasanthan, Sr. DR ORDER These are the appeals filed by the separate assesses against the respective order of the Ld. CIT(A), Ghaziabad both dated 23.12.2016 and pertains to assessment year 2007-08. Since the issues involved in these appeals are common and identical, hence, the same were heard together and are being disposed of by this common order .....

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A) has erred in not appreciating that the proceedings initiated u/ s 147/148 are invalid and illegal as the reasons recorded do not reflect any satisfaction of the Assessing Officer regarding escapement of income but are based upon borrowed satisfaction of the Investigation Wing of the department. 3. That the Ld. CIT (A) has erred in not appreciating that the proceedings could not be as assessment could have been made only under section 153C on the basis of the documents /Information found durin .....

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Medical College. 7. That the Ld. CIT (A) has erred in holding that merely because the appellant has attended the assessment proceedings it can be presumed that the information on the basis of which the addition has been made was confronted to the appellant. 8. That the Ld. CIT (A) has erred in not appreciating that the assessment is invalid and illegal as the principles of natural justice have been completely violated and no opportunity of cross examination was provided to the appellant. 9. That .....

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ecorded do not reflect any tangible material on the basis of which the Assessing Officer could have reasons to believe that any income has escaped assessment. 2. That the Ld. CIT (A) has erred in not appreciating that the proceedings initiated u/ s 147/148 are invalid and illegal as the reasons recorded do not reflect any satisfaction of the Assessing Officer regarding escapement of income but are based upon borrowed satisfaction of the Investigation Wing of the department. 3. That the Ld. CIT ( .....

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M/s. Santosh Medical College. 6. That the Ld. CIT (A) has erred on facts and in law in upholding the addition of ₹ 25,50,000/- on account of alleged payment to M/s. Santosh Medical College. 7. That the Ld. CIT (A) has erred in holding that merely because the appellant has attended the assessment proceedings it can be presumed that the information on the basis of which the addition has been made was confronted to the appellant. 8. That the Ld. CIT (A) has erred in not appreciating that the .....

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dings u/s. 148 of the Income Tax Act, 1961 (hereinafter referred as the Act) initiated by the AO based on the information that assessee has invested a sum of ₹ 25,50,000/- towards admission to MS ENT course during the assessment year 2007-08. The assessee has furnished return of income in response to notice u/s. 148 of the Act declaring NIL income. The assessee was required to furnish the source of payment made to Maharaja Education Trust for the above mentioned course. After considering t .....

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Ld. CIT(A) s order, assessee appealed before the Tribunal. 6. At the time of hearing, Ld. Counsel of the assessee has filed a Paper Book containing pages 1 to 22 in which the Assessee s counsel has attached the written submissions; copy of reasons recorded and the copy of the order of the ITAT, New Delhi in the case of Rajat Shubra Chatterji vs. ACIT, New Delhi ITA No. 2430/Del/2015 dated 20.5.2016. He contended that the action taken by the Assessing Officer under sec. 147 is not tenable for the .....

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cation Trust. The Learned AR contended that provisions of sec. 153C provides that persons relating to whom some material is found in search of some other person should be assessed under sec. 153C of the Act. The provisions of section 153 C are non-obstantive provisions and specially excludes the operation of sec. 147 of the Act, therefore, the Assessing Officer in the present case has erred in invoking the provisions of sec. 147, instead of 153C of the Act. If action under sec. 147 is permitted .....

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Ld. DR relied upon the orders of the authorities below and has tried to justify the action of the Assessing Officer in initiating reopening proceedings. 8. I have heard both the parties and perused the records, especially the impugned order as well as the Paper Book. On having gone through the decisions cited above especially the decision of Amritsar Bench in the case of ITO vs. Arun Kumar Kapoor (supra), I find that in that case as in the present case before me, reassessment was initiated on t .....

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