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TMI Blog2022 (5) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to as "the Act") relevant to the Assessment Year 2012-2013. 2. The assessee has raised the following grounds of appeal: The learned Commissioner of Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in reopening the assessment u/s.147 of the Income Tax Act, 1961. 2. The learned Commissioner of Income Tax (Appeals) has erred in confirming the action of the Assessing Officer in passing an order u/s.143(3) r.w.s.147 of the I.T.Act, 1961 without appreciating the case on facts as well as in law and without considering the submissions as well as judicial pronouncements relied upon by the appellant and thereby rendering the reassessment order per incuriam. 3. The learned Commissioner of Income Tax (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the same should be treated as income of the assessee under the head income from other sources under the provisions of section 56(2)(vii)(a) of the Act. The addition made by the AO came to be confirmed by the learned CIT (A) in part. 5. As per the learned AR for the assessee, the basis on which the proceeding under section 147 of the Act were initiated did not survive as there was no addition made in the assessment proceedings qua to that reason. Accordingly, the learned AR contended that the AO cannot make any addition under any other head as the basis for reopening the assessment under section 147 of the Act did not survive. The ld. AR also submitted that this Tribunal in the own case of the assessee in ITA No. 846/AHD/2012, involving i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The assessee has not filed his return of income for A.Y. 2011-12. Considering the facts of the case, I have reason to believe that assessee's income w.r.t. LTCG/LTCL has escaped assessment for A.Y. 2011-12 within the meaning of section 147 of the Act. Therefore, this is a fit case to initiate proceedings u/s.147 of the income tax Act, 1961. Issue notice u/s.148 of the Act. 9.1 On perusal of the above reasons, it is transpired that there was the property which was sold by the assessee but the assessee failed to disclose the income under the head capital gain on account of transfer of such property. Accordingly, the AO formed his reason to believe that income of the assessee has escaped assessment. 9.2 Moving further, we find that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In holding so, we draw support and guidance from the judgment of Hon'ble Jurisdictional High Court in case of CIT vs. Mohmed Juned Dadani reported in 355 ITR 172 wherein it was held as under: In the result, it is held that the Tribunal was right in law in coming to the conclusion that when on ground on which the reopening of assessment was based, no addition were made by Assessing Officer in the order of assessment, he could not make additions on some other grounds which did not form part of reasons recorded by him. [Para 33 9.4 In view of the above, we draw our conclusion that the proceedings initiated under section 147 of the Act is invalid as there was no escapement of income in the hands of the assessee on account of sale of the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions of section 56 of the Act. In our humble understanding, the principles laid down by the ITAT in the own case of the assessee (Supra) are directly applicable to the issue on hand. Hence, we are of the view that the initiation of the proceedings under section 147 of the Act are bad in law. Hence, the ground of appeal of the assessee is allowed. 7.3 As we have decided the issue in favour of the assessee on the technical ground raised by her by holding that the assessment proceedings under section 147 of the Act are invalid, accordingly, we do not find reason to adjudicate the issue raised by the assessee on merit. As such the issues raised by the assessee on merit become infructuous. Thus we dismiss the same as infructuous. 8. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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