2019 (6) TMI 917

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..... Appellant : Sh. N. K. Bansal, Sr. DR For The Respondent : Sh. R. S. Singhvi And Sh. Satyajit Goel, CA ORDER PER SUCHITRA KAMBLE, JM The appeal is filed by the Revenue and the Cross Objection is filed by the assessee against the order dated 29/05/2015 passed by CIT(A)-II, New Delhi for Assessment Year 2007-08. 2. The grounds of appeal are as under:- I.T.A. No. 5322/DEL/2015 "1. On the f .....

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..... failed to appreciate that in case of share subscriber viz. Venus Insec Pvt. ltd. the accounts were signed by Ms. Ritu Saxena in capacity of Director against whom the department had received specific information from Investigation wing as being receptionist of Sh. Tarun Goyal, who had been proved to be engaged in providing accommodation entries." C.O No. 10/DEL/2016 "1. That as per facts and .....

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..... income on the basis of audited accounts was duly filed on 23.10.2007 and same was processed u/s 143(1) on 26.08.2008. A search/survey operation u/s 132/133 A of the Income Tax Act, 1961 was conducted by Investigation Wing of Income Tax Department on 15/09/2008 at the office premises of Shri Tarun Goel. Various incriminating documents were seized and amended. In the present case of the assessee co .....

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..... ded for initiation of Section 148 proceedings, the same bares approval of the concerned CIT(A) dated 27/3/2014 which was proposed by the DCIT on 26/3/2014. The Ld. AR also pointed out notice u/s 148 dated 26/3/2014. Thus, the Ld. AR is taking technical ground that before the approval of the CIT how notice can be issued by the Assessing Officer. Besides that in the reasons, the assessee's name has .....

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..... nd does not survive. Thus, the Cross objection filed by the assessee is allowed. Since the inception of the challenge of the order of CIT(A) in Revenue's appeal itself is void ab initio, the Revenue's appeal is dismissed. 8. In result, appeal of the Revenue is dismissed and cross objection of the assessee is allowed. Order pronounced in the Open Court on 04th June, 2019.
Case laws, Decis .....

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