TMI Blog2019 (5) TMI 1754X X X X Extracts X X X X X X X X Extracts X X X X ..... py of the statement based on which the impugned assessment order has been passed. From the above Para from the judgment of Hon ble Karnataka High Court, it is seen that matter was restored back to the file of the AO for fresh decision after providing copy of the statement of Shri Mukesh Choksi and other related details. - Assessee s appeal is allowed for statistical purposes. - ITA No.105/Bang/2019 - - - Dated:- 24-5-2019 - SHRI JASON P BOAZ, ACCOUNTANT MEMBER For the Assessee : Smt. Suman Lunkar, CA For the Revenue : Shri. S. T. Seshadri, JCIT ORDER This appeal by the assessee is directed against the orders of the CIT(A)-2, Bangalore, dated 28.11.2018 for Assessment Year 2008-09. 2. Briefly stated, the facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the manner passed by him and the learned Commissioner of Income tax (Appeals) has erred in confirming the same. The orders passed are bad in law and are liable to be quashed. 2.1 In any case, the conditions precedent for the issue of notice u/s. 148 of the Act being absent, the re-opening of assessment becomes bad in law and consequently the order as passed/confirmed being also bad in law is required to be quashed. 2.2 In any case the assessing officer having not complied with legal provisions / procedure for reopening / reassessment, the consequential order becomes bad in law and liable to be quashed. 3.1 In any case the order passed in gross violation of the principles of natural justice and fair play, especially in the absenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d without basis both on facts and law is to be disregarded. 6. The appellant denies the liability to pay interest U/s. 234A, 234B and 234C. The interest having been levied erroneously is to be deleted. 7. In view of the above and other grounds to be adduced at the time of hearing, it is requested that the impugned order be quashed or atleast the income from Short Term Capital kiln earned on sale of shares as returned by the appellant be accepted, the addition made as unexplained cash credit under the head Income from Other Sources be deleted and the interest be also deleted. 4. Ground No.3.1 4.1 It was submitted that the learned AR for the assessee that in ground No.3.1 (supra), the assessee has disputed the validity of reassess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtunity of hearing to the assessee after furnishing details / copy of the statement based on which the impugned assessment order has been passed. The learned AR submitted that in the light of the facts of the present case and as per this judgment of Hon ble Karnataka High Court, in the case on hand also, the entire matter should be restored back to the file of the AO for fresh decision with same directions. 4.2 Per contra, the learned DR supported the orders of the authorities below. 4.3.1 I have considered the rival submissions and first of all, I reproduce Para No.8 of the judgment of Hon ble Karnataka High Court rendered in the case of M/s. Chandra Devi Kothari (Supra) and this is as under: 8. In the light of the facts and circ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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