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TMI Blog2025 (5) TMI 284X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred to as "the Act"). 3. ITA No. 3336/Del/2023 for A.Y. 2012-13 in the case of R.B. Commodities Pvt. Ltd. is directed against order dated 29.09.2023 passed by the Ld. CIT(A)-24, New Delhi (DIN: ITBA/APL/S/91/2023-24/1056723101(1), arising out of the order dated 27.12.2019 passed by the Ld. DCIT, Circle-20(2), New Delhi under Section 143(3) read with Section 147 of the Act. 4. ITA No. 3335/Del/2023, in the case of R.B. Agro Milling Pvt. Ltd. is made the lead case and our finding therein shall follow mutatis mutandis in ITA No. 3336/Del/2023 in the case of R.B. Commodities Pvt. Ltd. ITA No. 3335/Del/2023 (A.Y. 2012-13): 5. The assessee has raised following grounds of appeal: "1. On the facts and circumstances of the case, the order passed by the ld. Commissioner of Income Tax (Appeals) [CIT(A)] is bad in law as well as on the facts of the case. 2. On the facts and circumstances of the case, Ld. CIT(A) has erred both on facts and in law in confirming the assessment order passed by the Assessing Officer [AO] without mentioning Document Identification Number (DIN) in the body of the assessment order which is a mandatory requirement as envisaged in Circular No. 19/2019 dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approval u/s 151 of the Act from the prescribed authority and that it was granted in a mechanical manner. 9. (i) On the facts and circumstances of the case, the Ld. CIT(A) has erred both on facts and in law in confirming the rejection of books of accounts of the appellant despite the same having kept as per law. (ii) That the books of accounts of the appellant have been rejected without requiring the appellant to produce the books of accounts during the course of assessment. 10. On the facts and circumstances of the case, the Ld. CIT(A) has erred both on facts and in law in confirming the addition to the extent of Rs. 14,90,695/-on account of bogus purchases. 11. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts & in law in confirming the said addition arbitrarily rejecting the material and evidences brought on record by the assessee to show that the purchases were made in regular course of the business and material so purchased was sold in the regular course of business. 12. (i) On the facts and circumstances of the case, the Ld. AO has erred both on facts and in law in making separate addition of Rs. 14,66,800/- being commission @ 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s was initiated that too upon prior approval of the CCIT-7, Delhi. The assessee in response to the notice issued under Section 148 of the Act filed a further return declaring the income at Rs. 41,27,360/- on 30.03.2019. On the request of the assessee, the reasons recorded by the Ld. AO were also duly furnished to the assessee. 10. The Ld. Counsel Ms. Rano Jain appearing for the assessee in this regard had drawn our attention to pages 52 to 66 of the paper book filed before us. It was submitted by her that on the basis of investigation report the case was reopened by the Ld. AO, a copy whereof is appearing at pages 828 onwards annexed to the paper book filed before us. It was contended by her that pages 56 to 64 of the reasons recorded by the Ld. AO is the verbatim copy of the Investigation Wing report appearing at pages 828 to 842 of the paper book. It was further submitted by her that while forming opinion that the Ld. AO has reasons to believe that the income has escaped from taxation, in the penultimate paragraph of the reasons so recorded, the Ld. AO categorically mentioned that the assessee has done a high value transaction and parallelly the ITR and assessment records reveal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Kanuga v. dCIT, Circle-1, Khadakpada, Kalyan (W), ITA Nos. 4261 & 4262/Mum/2012 (Mumbai ITAT); & (v) DCIT v. M/s Yaduka financial services Ltd. (ITA no. 1646/Kol/2017 (ITAT Kolkata). 12. On the other hand, the Ld. DR relied upon the orders passed by the authorities below. 13. We have heard the rival submissions made by the respective parties. We have also perused the relevant materials available on record. In order to adjudicate the legal issue the reasons so recorded by the Ld. AO for reopening of the assessment under Section 147/148 of the Act appearing at pages 50-56 of the paper book filed before us is reproduced as follows: 14. We have further perused the report of the Investigation Wing as annexed to the paper book filed by the assessee, appearing at pages 828 to 842 of the paper book. It appears that the reasons recorded by the Ld. AO is the replica of the observations made by the Investigation Wing dated 22.03.2019. Independent application of mind by the Ld. AO while recording reasons is, thus, totally absent. We also note that claiming the reasons so recorded by the Ld. AO was upon perusal of the ITR and assessment records of the assessee is found to be an incorrect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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