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TMI Blog1989 (2) TMI 145X X X X Extracts X X X X X X X X Extracts X X X X ..... tement of account in the State Bank ofPatialagiving details of deposits as well as withdrawals in respect of asst. yrs. 1982-83. Income was disclosed from profession as well as from house property inNehru Place. An amount of Rs. 56,220 was also shown as income from commission against which expenses were claimed and net profit of Rs. 24,962 was declared under the head 'income from business or profession'. The ITO after recording that the assessee had invested Rs. 4,58,195 upto 31st march, 1982 accepted the returned version and made no addition in relation to investment. Th relevant portion of the assessment order for 1982-83 (which has since been cancelled) we like to notice as follows. "During this year the assessee has invested Rs. 4,58,1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and, therefore, there was no cause of action for inferring that assessments made were erroneous. Though the assessee also took the plea before the CIT that the orders should have been passed within two years from the date of passing of the assessment orders by the ITO, but that issue has not been raised before us and, therefore, we are not involving ourselves with that aspect at all. For the asst. yrs. 1982-83 the CIT set aside the assessment orders by observing that no enquiry had been made at all regarding the purchase of the plot of land for Rs. 1,60,000 and even the date of transfer of the property in the name of the assessee was not enquired into. He further observed that though details of the cost of material as well as expenditure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the grievance from the assessee could be only if the ITO's action in accepting the loans have been reversed and additions upheld. The assessee certainly cannot have any justifiable grievance against the CIT(A) direction to frame the assessments de novo after investigation and giving opportunity to the parties. 7. In this connection we like to refer to the judgment of the Hon'ble jurisdictional Delhi High Court in the case of Gee Vee Enterprises vs. Addl. CIT cited as 1975 CTR (Del) 61 : (1975) 99 ITR 375 (Del) and though in that case the assessee's writ petition under Arts. 226 and 227 of the Constitution of India against the CIT's order vacating the ITO's order under s. 184 and 185 of the IT Act, 1961 came to be dismissed on the ground t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quiry has not been made and not because there is anything wrong with the order if all the facts stated therein are assumed to be correct. 8. Before parting we like to observe that on a query from the Bench Mr. Ganeshan Stated that in the fresh assessments framed in respect of asst. yr. 1982-83 in pursuance of and compliance to the CIT's order under s. 263 the ITO has not made any addition in respect of loans and investments the non-investigation of which, as per the CIT, led to the setting aside of the original assessment. However, in relation to fresh assessment the right of parties cannot be affected by the order setting aside the original assessment and, therefore, we are not adverting to that order at all. The dispute in relation to as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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