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TMI Blog2022 (1) TMI 142X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 (the Act) for assessment year 2010-11. 2. The respective grounds of appeal filed by the Department and the assessee are as under:- ITA. No. 6225/Del/2015: "1. That the Commissioner of Income Tax (Appeals) has erred in law and on facts of the case in deleting Rs. 17,30,166/- which was added to the income of the assessee on account of as unexplained expenditure. 2. That the Commissioner of Income Tax (Appeals) has erred in law and on facts of the case in deleting Rs. 8,17,73,561/- which was added to the income of the assessee on account of as unexplained deposits. 3. That the Commissioner of Income Tax(Appeal) has erred in law and on facts in relying on the submissions filed by the assessee which were inadequate, incomplete, not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the assessee submitted that the legal issue as raised in Cross Objections now stands covered by the decision of the Tribunal in the case of Shreya Infra Developers in ITA. No. 6526 (Del) of 2015 and C.O. No. 468 (Del) of 2015 [order dated 9.08.2021] and in the case of Sam Portfolio Pvt. Ltd. in ITA. No. 6218 (Del) of 2015 and the Cross Objection No. 403 (Del) of 2015. 4. The ld. DR also admitted that the case is covered by the decision of the aforesaid order of the Tribunal on the identical set of facts. 5. The facts in brief are that in this case original assessment was completed on 22.12.2011 at an income of Rs. 8,35,17,970/- as against the returned income of Rs. 14,229/-. The said assessment included protective addition on acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment under Section 147 of the Act. We find that, exactly same reasons recorded were there as have been incorporated in the impugned assessment order. Similarly, the Tribunal in the case Shreya Infra Developers (supra) following the case of Sam Portfolios Pvt. Ltd. (supra) held that the order of the CIT (Appeals) under Section 264 of the Act and notice under Section 148 of the Act has been issued exactly on same reasons recorded for reopening the assessment, therefore, the reassessment order cannot be sustained and same was quashed. Since the Tribunal in two case exactly on same set of facts had quashed the assessment passed under Section 147 of the Act, therefore, respectfully following the same in this case also the assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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