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TMI Blog2020 (6) TMI 337X X X X Extracts X X X X X X X X Extracts X X X X ..... )2009-10 and the cross objections are filed by the assessee. 2. Al the grounds are related to the addition made by the Assessing Officer (AO) u/s 56(2)(v) of the Income Tax Act, 1961 (in short 'Act'). 3. Brief facts of the case are that the assessee is an individual earning interest income and filed his return of income for the A.Y.2009-10 on 15.10.2009 admitting total income of Rs. 4,09,510/-. The assessment was completed u/s 143(3) of the Act by order dated 23.05.2011 on total income of Rs. 2,49,910/- apart from agricultural income of Rs. 1,59,600/- Subsequently, the Assessing Officer (AO) reopened the assessment u/s 147 by issue of notice u/s 148 for escapement of income in respect of the gifts received by the assessee from HUF. The A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the AO, the assessee went on appeal before the CIT(A) and challenged the validity of issue of notice u/s 148 as well as the case on merits. The Ld.CIT(A) did not adjudicate the issue of validity of notice u/s 148 and disposed off the ground as general in nature. On merits, the Ld.CIT(A) held that HUF consists of co parceners and the members of HUF are the lineal ascendant or descendents, hence, viewed that the gifts received by the assessee from the HUF needs to be interpreted as the gift from the relatives and thus held that the same is not taxable u/s 56(2)(vi) of the Act. Accordingly, the Ld.CIT(A) deleted the addition made by the AO and allowed the appeal of the assessee. 5. Against the order of the Ld.CIT(A), the departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act towards gift received by appellant from his HUF. 3. Any other ground of cross objection that may be raised at the time of hearing. 5.1. During the appeal hearing, the Ld.Counsel of the assessee argued that the first ground in cross objections is related to the validity of reopening the assessment which was not adjudicated by the Ld.CIT(A), therefore, requested to take up the legal ground, i.e. validity of reopening of assessment. The Ld.AR submitted that in the instant case, the assessment was completed u/s 143(3) by an order dated 23.05.2011. During the course of original assessment proceedings, the AO called for the details including the issue with regard to the gift received from HUF which was placed before the AO and the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, the assessment was completed by an order u/s 143(3) dated 23.05.2011, thus the source of credit was explained by the assessee in the original assessment. Therefore, there is no failure on the part of the assessee and no fresh information was received by the AO for reopening the assessment. The information was already made available in the assessment, hence, reopening the assessment on the same issue which was already considered by the AO and taken a view amounts to difference of opinion and on difference of opinion, reopening of assessment is not permissible. We have called for the reasons recorded for reopening the assessment. After giving couple of opportunities, the Ld.DR submitted that the reasons could not be traced since th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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