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TMI Blog2018 (4) TMI 877X X X X Extracts X X X X X X X X Extracts X X X X ..... and on facts in ignoring, in noLadjudicating and in dismissing the grounds taken before him. In brief the following legal grounds were taken before Ld. CIT(A) objecting to the proceedings and the assessment framed:- (i) Reasons recorded do not show any independent application of mind of the Assessing Officer himself. (ii) Reason recorded are on the direction of Ld. CIT(A) who while deciding the appeal of another person has given direction to assessed the income in the hand of assessee and other coowners. Ld. CIT(A) has no power to give direction in other case. (iii) Initiation of proceedings u/s 147 and consequent issue of notice u/s 148 is bad in law, premature, without jurisdiction and does not fulfill the condition as laid down ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing provisions of section 50C ignoring the fact that the value to be adopted for purpose of stamp duty is under dispute and subjudice before Hon'ble Allahabad High Court. (iii) Assessing Officer has legally and factually erred in disallowing the deduction of Rs. 25,00,000/- made u/s 54 of the I. T. Act. Considering the grounds as above the addition deserves to be deleted and the deduction as claimed may kindly be allowed." 2. Ground No.1 not pressed. Rejected as not pressed. 3. As per Ground No.3, the assessee's objection against the initiation of proceedings u/s 147 of the IT Act and issuance of notice u/s 148 of the IT Act have not been decided by the AO by a separate speaking order, which is not in accordance with law. 4. In this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, in the assessment order itself. 7. In 'GKN Driveshafts' (supra) the Hon'ble Supreme Court has observed as follows: "However, we clarify that when a notice under section 148 of the Income Tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passing a spe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Hon'ble Supreme Court in 'GKN Driveshafts' (supra) would entail nullifying the proceedings. As such, the CIT(A) is incorrect on this score also. 11. In 'KSS Petron Private Ltd. vs. ACIT', order dated 03.10.2016 in ITA No. 224 of 2014, the Hon'ble Bombay High Court has held as under: "We note that once the impugned order finds the Assessment Order is without jurisdiction as the law laid down by the Apex Court in GKN Driveshafts (supra) has not been followed, then there is no reason to restore the issue to the Assessing Officer to pass a further/fresh order. If this is permitted, it would give a licence to the Assessing Officer to pass orders on re-opening notice, without jurisdiction (without compliance of the law in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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