2011 (2) TMI 1512 - AT - Income Tax

Summary

Issues involved: Appeal against order confirming addition of gift amount and challenge to the reopening of assessment u/s 147 read with section 148 of the I.T. Act, 1961.

Addition of Gift Amount:
The appeal was filed against the order confirming the addition of Rs. 19,40,862 on account of gifts received. The appellant raised various grounds challenging this addition, including the argument that the Commissioner erred in confirming the addition. The details of the gifts received were presented, and the appellant contested the validity of the addition.

Challenge to Reopening of Assessment:
The appellant also contested the reopening of assessment u/s 147 read with section 148 of the I.T. Act, 1961. The appellant's representative argued that the Commissioner inaccurately stated that no arguments were presented regarding the challenge to the reopening of assessment. An affidavit was filed by the appellant's counsel, affirming that detailed arguments were indeed presented during the personal hearing. The appellant requested the order to be set aside for further verification on this issue.

Decision:
After hearing both sides and reviewing the orders and affidavit, it was decided that the impugned order of the Commissioner should be set aside. The Commissioner was directed to verify whether the appellant's counsel did argue the ground challenging the reopening of assessment under section 148. It was emphasized that the Commissioner should adjudicate all grounds of appeal after giving both parties an opportunity to be heard. The appeal of the assessee was treated as allowed for statistical purposes.

Result:
The appeal filed by the assessee was treated as allowed for statistical purposes. The order was pronounced in the Open Court on 22.02.2011.