TMI Blog2019 (11) TMI 1757X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, in the absence of clear facts on record regarding the reopening of the assessment under section 148 of the Act, deem it appropriate to set aside this case back to the file of the Ld. CIT(A) to be adjudicated afresh by considering the legal grounds raised by the assessee and providing due and reasonable opportunity of being heard to the assessee. Appeal of the Assessee is allowed for statist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence in the hands of A.O. 2. In the facts and circumstances of the case and in law, the Assessing Officer and CIT(A) both has erred in not considering the fact that appellant was having cash balance in his hands from explained source as per the Cash Flow Statement filed before him and addition to this account of Rs. 3,30,000/- confirmed wrongly. 3. The appellant has reserve his rig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis whose case was selected for scrutiny and that the action on protective basis was taken in the hands of other joint holder. On the basis of said information, the notice under section 148 of the Act was issued to other four cases. The Assessing Officer made the addition of Rs. 16,00,000/- in the hands of the assessee on protective basis. 4. Being aggrieved the assessee carried the matter to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated by the Ld. CIT(A). 8. I have considered the submissions of both the parties and perused the material available on the record. In the present case it is an admitted fact that the assessee has raised the ground challenging the issuance of notice under section 148 of the Act, for reopening the assessment under section 147 of the Act, but the same was not before the Ld. CIT(A) and there was no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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