TMI Blog2021 (2) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... hich admittedly did not have any connection with the initiation of re-assessment. Hon'ble Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd.[ 2010 (4) TMI 431 - HIGH COURT OF BOMBAY ] has held that the AO cannot proceed with re-assessment if the grounds mentioned in re-assessment are non-existent i.e if no addition is made on that score. When I examine the factual scenario obta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 2,18,000/- made by the Assessing Officer (AO) in the order u/s. 143(3) read with section 147 of the Act, which got confirmed in the first appeal. The assessee has made out a case that this addition ought not to have been made as the same did not emanate from the reasons recorded by the AO and there was no addition on the basis of which the reassessment was initiated. 3. I have heard the riv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n payments pertaining to the F.Y. 2008-09 to 2012-13 were made by Hyderabad Race Club to the Race Horse Owner who are being assessed outside A.P. Region. The payments are substantial and have come to notice on account of non-deduction TDS. 3. In view of the above, I have reason to believe that income chargeable to tax has escaped assessment by ₹ 11,72,875/- for F.Y. 2009-10. I have reop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eed with re-assessment if the grounds mentioned in re-assessment are non-existent i.e., if no addition is made on that score. When I examine the factual scenario obtaining in the instant case on the touchstone of the ratio laid down by the Hon'ble jurisdictional High Court in the above decision, the inescapable conclusion which can be drawn is that the only addition made in the reassessment on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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