TMI Blog2016 (7) TMI 1436X X X X Extracts X X X X X X X X Extracts X X X X ..... roceedings are not sustainable. The satisfaction recorded by the joint Commissioner of income tax Range-25, New Delhi wherein he has simply given approval stating that “Yes I am satisfied”. The above kind of satisfaction shows that Joint Commissioner did not apply his mind but signed on the dotted line. See CIT Vs. S Goenka Lime and Chemicals Ltd. [2015 (12) TMI 1334 - SUPREME COURT OF INDIA] - Decided in favour of assessee - ITA No.5111/Del/2013 - - - Dated:- 4-7-2016 - Shri I.C.Sudhir, Judicial Member And Shri Prashant Maharishi, Accountant Member Assessee by : Dr. Rakesh Gupta, Adv Mr. Somil Agarwal, Adv Revenue by: Sh. Ravinder Mani, Sr. DR ORDER Prashant Maharishi, A. M. 1. This is a filed by the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n record; therefore, the additions made as such per Ground of Appeals No. 2 may be liable to be deleted. 5. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the orders framed by the Ld. AO u/s. 143(3)7 147 and that too without giving an adequate opportunity of being heard, therefore, the additions made as such as per Grounds of Appeals No. 2 may be liable to be deleted. 6. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the orders framed by the Ld. AO u/s. 143(3)7 147 and that too without providing the material to appellant collected on the back of him, therefore, the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rossly erred in law and on facts, in confirming the action of the Ld. AO despite the fact that he invoked section 147 without having any basis of escapement of income as the basic document i.e. Income Tax Return for the assessment year 2002-03 was not available and traceable with the AO at the time of alleged, issuance of notice u/s. 148. Therefore, reason to believe is based on purely guesswork only. Therefore, the orders passed on the basis of such a defective notice may be liable to be quashed. 11. That having regards to the facts and circumstances of the case, Ld. CIT-(A) has grossly erred in law and on facts, in confirming the action of the Ld. AO despite the fact that he invoked section 147 without first having disposed off the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of Shri Subash Gupta. On perusal of the bank account it was found that the before issuing the cheque there was negligible bank balance in the bank account of the donor. Summons u/s 141 were also issued to both the donor which were received bank from postal authorizes as no such person was found at the given address. Therefore, the ld Assessing Officer was of the view that identity, genuineness and creditworthiness of the parties were not provided and therefore made an addition of ₹ 2 lakhs treating the undisclosed income of the assessee. The ld CIT(A) on appeal before him confirm the above addition and therefore, the assessee is in appeal before us. 4. Ld AR of the appellant submitted that the assessee filed original return o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TO, Ward 25(1). He further stated that where there is no assessment originally there cannot be any reassessment. For this he relied upon the decision of the Hon ble Supreme Court in case of Standard Chartered Finance Ltd. vs. CIT. In view of this he challenged the proceedings u/s 147 on several fronts. 5. The ld DR relied on the order of the lower authorities. 6. We have carefully considered the rival contentions and we have also referred to the various documents relied upon by the ld AR. On the perusal of the reasons recorded which is placed at Page No. 16 and 17 of the Paper Book it is apparent that the ld Assessing Officer has recorded the reasons on the basis of information received from the Investigation Wing. There is no specifi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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