TMI Blog2021 (11) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... d also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently has been used in section 147. The words and also employed in the section would contemplate that any such other issues come to the notice of the AO would be examined if an addition on the issue for which assessment has been reopened are made. In case no additions are made, then any other such issue will not be examined. In the present case, the ld. CIT(A) has deleted the addition for which assessment was reopened; meaning thereby, an addition on account of unexplained cash deposits in the AXIS Bank cannot be examined and cannot be added by the AO. Therefore, putting reliance upon the judgment of Hon'ble jurisdictional High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In this case, No return of income has been filed by the assessee for A.Y. 2010-11. The information as received from the Asstt. Director of Income Tax (I C.I), Ahmedabad with reference to sale transactions of the immovable property and difference in the value of registered document and the value of the property made for the purpose of stamp duty. On verification of the same, it is noticed that the assessee has sold the immovable property. The value of the immovable property adopted by the Stamp Valuation Authority, i.e. Sub Registrar, Stamp Value Dholka, Ahmedabad is ₹ 13,65,000/- and value of registration amount is ₹ 11,79,360/-. Therefore, there is difference of value of used for stamp duty and registration purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r stamp duty and registration purpose. 8.3. The Appellant has contended that there is no difference in stamp duty value of the property and value of sale deed. During the course of Appellant Proceedings, the Appellant submitted registered sale deed executed on 13/07/2009 for sale of property at ₹ 13,65,000/- and contended that there is no difference in the value of immovable property adopted by stamp valuation authority and documented value of sale deed. The Appellant has filed additional evidences under rule 46A. The AO in the remand report observed that the Appellant has sold residential plot on 13/07/2009 and share of the appellant in the said property was worked out at ₹ 6,82,500/- being 50% share in the property and af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and, the ld. DR contended that the AO has made addition, therefore, he can make addition on other issues also. 8. We have considered rival contentions and gone through the record carefully. The ld. CIT(A) has deleted addition on issue for which the assessment was reopened. Meaning thereby, there is no addition on the point for which the assessment was reopened. Unanimous approach of all the Hon'ble High Courts i.e. Hon'ble Bombay High Courts, Delhi High Court and jurisdictional High Court in construing the provision of section 147 is that expression assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently has been used in section 147. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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