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TMI Blog2019 (11) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... on of AO in reopening u/s 147/148, which reopening/reassessment/Notice is itself based on presumptions, incorrect facts and without jurisdiction. 3. That the Ld. CIT(A) has grossly erred in upholding the addition made by the AO without passing a speaking order and without dealing with the written submissions, affidavits, and other evidences on record, law and facts of the case, duly submitted in appellate proceedings by simply referring to some paras of the order of the Ld. AO and by copy paste of the remand report. 4. That the Ld. CIT(A), is not justified while upholding the orders of the AO in sustaining the addition by relying on the dumb documents/ inadmissible evidences i.e. photocopies of some alleged 'bayanas' without even the si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is not addressed in the impugned order, however, being a legal ground, can be raised. It was agreed that the said ground should have been raised by the assessee by way of a specific application and in the circumstances it was his prayer that the ground being a legal ground may be admitted. 4. The ld. Sr.DR submitted that THE Revenue objects to the raising of the ground without a proper application as the issue has not been addressed by the CIT(A) as no such ground was raised before him. In the face of the objection of the ld. AR it was submitted that no doubt it is a legal ground, hence he agreed that it may be admitted. In the absence of any finding of the CIT(A), it was his request that the matter may be remanded for addressing whateve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that the ld. AR is incorrect in arguing that re-opening has been directed purely on the grounds that the return was not filed. Reading from the reasons recorded, it was his submission that the re-opening has been necessitated purely on account of the fact that the assessee had acquired an immovable property and paid for the same in cash by an amount aggregating to Rs. 75,85,000/-. Thus even if the return had been perused, the fact of available cash to the extent noticed necessitated and needed examination and consideration as the meager returned income suggested escapement of income. The reason to believe, it was argued is sufficient and complete and thus the principle invoked as laid down by the ITAT, it was his submission, is not at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less specified otherwise) 1. As per the information on record of this office, the assessee has made investments in immovable property and paid the cash amounts aggregating to- Rs. 75,85,000/- during the financial year 2011- 12 as advances against the purchase price aggregating to Rs. 1,27,41,347/- for the said property. The assessee has not filed his return of income for the corresponding assessment year 2012-13. 2. I, therefore, have reason to believe that the assessee's income of Rs. 75,85,000/-, has escaped assessment within meaning of section 147 of the Income-tax Act, 1961. Therefore, a notice under section 148 of the Income-tax Act, 1961 is issued for the assessment year 2012-13. Sd/- (Maya Ram) Income-tax Officer, Ward-1, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re-opening of the assessment would not be justified in the matter. We rely upon decision of Hon'ble Punjab & Haryana High Court in the case of Atlas Cycle Industries 180 ITR 319. The issue is, therefore, covered in favour of the assessee by order of ITAT Chandigarh Bench in the case of Shri Rajneesh Bansal (supra). No infirmity have been pointed out in the order of ld. CIT(Appeals) in following the order of the Tribunal in the case of Shri Rajneesh Bansal (supra). We may also note here that on identical facts and reasons recorded for subsequent assessment year 2000-01, the ld. CIT(Appeals) vide order dated 24.02.2014 quashed the re-assessment proceedings against which, no departmental appeal have been filed. Therefore, on this reason also, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er submitted that the CIT(A) has extracted submissions of the assessee in pages 1 to 10 of his order. Thereafter, discussing the facts as available in the assessment order and extracting the remand report of the AO at pages upto 12, the issue was concluded by the CIT(A)at page 13 in the following manner : "11. It is, therefore, dear that the discrepancies pointed out by the A.O. 2 not been rebutted. Hence, the assessee's contention that the statement of the ties denying entering into the agreement cannot be relied upon. For example-, fact that signature of one of the persons, Sh. Manoj Kumar, recorded in the statement before the A.O. and also in one of the agreements match. Moreover, the witness in that particular case, Sh. Rajesh Kumar c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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