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TMI Blog2024 (12) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT-D.R. ORDER PER VIMAL KUMAR, JM: 1. The appeal filed by assessee challenging the final Assessment order under section 147 read with section 144 of the Income Tax Act, 1961 [hereinafter referred to as "the Act"] dated 22.03.2024 of the Asst. Commissioner of Income Tax, Circle Int. Tax 1(1)(2) [hereinafter referred as ('Ld. AO')] in pursuance to the direction of learned Dispute Resolution Pane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 31.10.2021 vide acknowledgement number 768563991311021. The copies of two sale deeds submitted before the AO and DRP clearly mentioned assessee's share as 16.69% or 1/6th. The remaining consideration was attributed to other co-owner, namely Ashok Puri (brother), Anil Puri (brother), and Anuja Puri (sister). Copies of sale deeds were enclosed at pages 21-29 of paper book. Learned AO in compli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legal. No notice under section 143(2) of the Act was issued. Assessment order under section 147 read with section 144 of the Act is void ab initio and illegal as notice under section 148 was issued without validity. No reasonable opportunity was afforded by learned AO before passing final assessment order. The learned AO grossly erred in making addition of Rs. 14,39,500/-. 5. Learned Departmental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reme Court of Union of India vs. Ashish Aggarwal and CBDT Instruction No.1 dated 11.05.2022 converted notice under section 148 into a deemed show-cause notice under Clause (B) of Section 148A of the Act and issued fresh notice dated 01.06.2022. Notice dated 28.07.2022 under section 148 of the Act for reopening of A.Y. 2013-14 based on income below Rs. 50,00,000/- is contrary to law. Therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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