TMI Blog2022 (5) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... sold an immovable property value in Village Jonawas which is situated within the 5 K.M. from the municipality s limit and thus was a Capital Asset and therefore the assessee should have offered the Capital gains to tax The assessment order reveals that the additions has been made on a different ground, being addition u/s 68 of the Act on account of unexplained deposits in the Bank. We find that Hon ble Bombay High Court in the case of Jet Airways (I) Ltd. . [ 2010 (4) TMI 431 - HIGH COURT OF BOMBAY] has held that if upon the issuance of notice u/s 148 of the Act, the AO does not assess or reassess the income which was the basis of the notice, it would not be open to assess income under some other issue independently. It has further held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DER PER ANIL CHATURVEDI, AM : This appeal filed by the assessee is directed against the order dated 23.03.2015 passed by the Commissioner of Income Tax (Appeals) Rohtak relating to Assessment Year 2007-08. 2. Brief facts of the case as culled out from the material on record are as under:- 3. Assessee is an individual. AO has noted on the basis of the AIR information, it was noted that assessee had sold an immovable property of Rs.92,86,250/- on 14.02.2007. Accordingly, notice u/s 148 of the Act was issued on 21.03.2012 and served on the assessee. In response to the aforesaid notice, assessee filed his return of income declaring total income at Rs.2,18,477/- on 14.05.2012. Thereafter case was taken up for scrutiny and cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of appeal are without prejudice to each other. 4. Assessee thereafter has filed an application for admission of additional ground which reads as under: 1. On the facts and circumstances of the case and in law, the notice issued u/s 148 in this case is bad-in-law, illegal and without jurisdiction and therefore the assessment order passed on the foundation of such notice is liable to be quashed. 2. On the facts and circumstances of the case and in law, the addition of Rs.63,00,000/- made by the assessing officer is beyond the scope of provisions of section 147/148 of Income Tax Act, 1961 and the CIT(A) ought to have deleted the same. 5. With respect to the admission of additional grounds, Learned AR submitted that in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f circumstances or law. He submitted that no change of circumstances of law has been pointed out by the Learned AR and therefore the ratio of the decision in the case of M/s. Jute Corporation of India Ltd. (supra) could not apply in the present facts of the case. 7. Having heard the rival submissions and on perusing the materials available on record, we find that facts which are necessary for adjudication of legal issue raised by the assessee by way of additional grounds of appeals are already on record and no new material or evidence is relied upon to challenge the legal issue. We find that the Hon ble Apex Court in the case of National Thermal Power Co. Ltd. (supra) after considering the decision in the case of Jute Corporation of In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment was that assessee had sold an immovable property at Village Jonawas which is situated within 5 K.M. from the municipality s limit of Rewari/Dharuhera Municipality and thus was covered in the definition of Capital Assets. He pointed that AO noted that since assessee had not disclosed the Long Term Capital Gain, AO was of the view that income had escaped assessment within the meaning of Section 147 of the Act. Learned AR thereafter pointed to the assessment order framed u/s 143(3) r.w.s 147 of the Act dated 11.03.2013 and submitted that no addition has been made by the AO on the issue of Long Term Capital Gain but AO has proceeded to make the addition of Rs.63,00,000/- u/s 68 of the Act. He therefore submitted that the addition has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 143(3) r.w.s. 147 of the Act. The perusal of the reasons recorded for re-opening the assessment as intimated to assessee vide reasons dated 21.03.2012 reveals that the reopening was initiated for the reason that assessee had sold an immovable property value at Rs.92,86,250/- in Village Jonawas which is situated within the 5 K.M. from the municipality s limit and thus was a Capital Asset and therefore the assessee should have offered the Capital gains to tax. The assessment order framed u/s 143(3) r.w.s 147 of the Act dated 11.03.2013 reveals that no addition has been made on account of Long Term Capital Gain by the AO and which was the reason that was recorded for reopening the assessment. The assessment order further reveals that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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