9911796707
TMI Blog2021 (12) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... ds inter alia that :- "1.That on the facts and in the circumstances of the case and in law, ld. CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that assumption of jurisdiction u/s 148 was by Ld. AO was in violation of mandatory jurisdictional conditions stipulated under the Act; 1.1 That on the facts and in the circumstances of the case and in law, ld. CIT-A erred in sustaining the order passed by Ld. AO u/s 147/143(3) without appreciating that no where assessee is validly issued and served with jurisdictional notice u/s 148 dated 31.03.2016 without which entire proceedings are void ab initio; 1.2 That on the facts and in the circumstances of the case and in law, ld. CIT-A erred in sustaining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ab initio; 1.5 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciating that no back material like, investigation wing report details vis a vis assessee, and statements etc if any recorded by investigation wing, was lawfully confronted to assessee thus invalidating entire reopening and even cross examination request has not been adhered to by Ld AO/Ld CIT-A; 2. That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciating that addition is mechanically made u/s 69 on a/c of alleged unexplained expenditure by Ld AO where all purchases made b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urchases is made through banking channel as replied in our letter to AO refer page 2 &3 of assessment order and duly accepted at para 3.8 of assessment order which fact is no where contradicted and no material is brought on records for cash flying back to assessee herein from stated banking channel payments without which entire addition is bad and deserves to be deleted; 3.4 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciating that it was specifically pointed out to Ld CIT-A vide ground no 6 of appeal that assessee fully cooperated with investigation wing in summon proceedings and filed necessary details which plea has not been object ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal by way of filing the present appeal. 4. At the outset, the Ld. Counsel for the assessee has submitted that the assumption of jurisdiction by the assessing officer to reopen the assessment was bad in law as the Assessing Officer did not have any reason to believe that the income of the assessee has escaped assessment. In this respect he had relied upon the copy of the reasons recorded for reopening of the assessment, the contents of the same are reproduced as under :- 5. The Ld. Counsel has submitted that in the aforesaid reasons recorded by the Assessing Officer for reopening of the assessment, there is no mention of any reliable information or evidence coming to the possession of the Assessing Officer which may be sufficien ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee company has considerably increased from AY 2008-09 to AY 2009-10. The Ld. Counsel, in this respect has submitted that the assessment year under consideration is AY 2009-10 and the assessee's income as per the reasons recorded has considerably increased. The sales / consumption of the material by the assessee has also not been doubted by the Assessing Officer. There is no mention of any evidence available before the AO to show that the aforesaid transaction was a bogus transaction. The assessing officer merely on the basis of suspicion observed that the aforesaid entry might be a bogus entry and that the assessee might have purchased the material from outside. A perusal of the reasons recorded by the Assessing Officer does not sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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