2025 (5) TMI 1080

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..... PER SHAMIM YAHYA, AM : This appeal by the assessee has been directed against the order of the Ld. CIT(A-2), Noida dated 31.01.2018 pertaining to assessment year 2009-10 on the following grounds of appeal:- 1. That on the facts and in the circumstances of the case and in law, the order passed by the Ld. CIT(A) is bad in law. 2. That on facts and circumstances of the case, Ld. CIT(A) grossl .....

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..... 2009-10 are without jurisdiction and thus liable to be set aside: 3.1 The AO erred in initiating re-assessment proceedings without obtaining the proper approval of the prescribed statutory authority under the Income Tax Act and issuing notice u/s. 148 in a mechanical manner. 3.2 The AO erred in initiating reassessment proceedings without appreciating facts on record and issuing notice u/s. 1 .....

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..... y is in the affirmative, please state- a) Whether any voluntary return had already been filed and b) If so, the date of filing the said return - - - - 5.1 On perusing the Column No. 8, as aforesaid, it revealed that nothing was written against the Column No. 8 of the Reasons Recorded in the aforesaid Form. Hence, Ld. Counsel for the assessee submitted that this is a wrong information recor .....

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..... tion of reopening of the assessment that a return had in fact been filed by the assessee and that the extent of the accommodation entries was to the tune of Rs. 78 lakhs and not Rs. 1.56 crore would be a matter of pure speculation at this stage. He may or may not have come to the same conclusion. But that is not the point. The question is of application of mind by the AO to the material available .....

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..... nd on the part of the AO. In this view of the matter, the aforesaid decision of the Hon'ble Delhi High Court in the case of PCIT vs. RMG Polyvinyl (I) Ltd. (Supra), is squarely applicable in the instant case and accordingly, on the basis of the aforesaid exposition of the Hon'ble Delhi High Court, we hold that there is a complete non-application of mind on the part of the AO, hence, assessment is .....

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