9911796707
TMI Blog2024 (9) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax Act, 1961 (the Act) by the Asst. Commissioner of Income Tax, Circle 5(1)(2), Mumbai was dismissed. Therefore, assessee is aggrieved with the same and is in appeal before us. 02. The assessee has raised following grounds of appeal:- "1. The learned Assessing Officer was not justified din reopening of the case under Section 147 by issuing notice under Section 148 of the Income-tax Act, 1961 and also the learned CIT (Appeals) has erred in confirming the same. 2. The learned Assessing Officer has erred in making addition of Rs.3,09,11,602/- (11.83% of Rs.26,12,98,413/-) and also the learned CIT (Appeals) has erred in confirming the same." 03. Now, assessee has raised three additional grounds of appeal as under;- "4. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional ground which can be raised at any time during the course of opening of the appeal and he further submitted that issue of notice under Section 143(2) of the Act goes to the foundation of the assessment proceedings. 07. As the above ground of appeal is jurisdictional in nature, goes to the root of the matter, therefore, same is admitted. 08. The brief facts of the case show that assessee is a company engaged in trading of diamonds. The return of income was filed on 25th September, 2011, declaring total income of Rs.57,14,029/-. The assessment under Section 143(3) of the Act has already been made on 29th March, 2015, at the same amount. Subsequently, the assessment reopened in view of the fact that information was received from the in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Hon'ble Supreme Court clearly held that if the notice is not served within the prescribed period the impugned assessment is bad in law. He relied on the decision of Hon'ble Supreme Court in case of ACIT vs. M/s. Hotel Blue Moon (2010) 321 ITR 362. He also referred to his paper book page no. 103, wherein in ground no.2, identical issue is challenged. 011. The learned Departmental Representative submits that if there is no mentioned in the assessment order about the notice under Section 143(2) of the Act, the same does not mean that no such notices has been issued. 012. We have carefully considered the rival contentions and find that additional ground no.1, the assessee has challenged that the learned Assessing Officer while f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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