2014 (5) TMI 808

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..... instituted against the Order dated 30.3.2013 of Ld. CIT(A)-XXXI, New Delhi by raising the following grounds:- "1. The Order of the Ld. CIT(A) is not correct in law and facts. 2. On the facts and in the circumstances of the case the Ld. CIT(A) has erred in law in concluding that order is bad in law and deleting the addition of Rs. 14,84,395/- made on account of unexplained cash credits u/s. 68 o .....

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..... see's appeal the reopening of assessment u/s. 147 of the Act and also consequent order of assessment framed u/s. 147/143(3) of the Act were held invalid and stood quashed. In this view of the matter, it is contended that after quashing the assessment, the appeal by Revenue in ITA No. 3638/Del/2013 shall not survive. 2.1 On the other hand, Ld. Departmental Representative contends that without tran .....

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..... the above 16 appeals the undisputed factual position is that the notices u/s. 148 had been issued beyond the period of four years from the end of relevant assessment and ...." (emphasis supplied). Thus there is an inherent contradiction in the factual recording as to the time limit when the notice u/s. 148 was issued as recorded by the ITAT amplified by the fact that CIT(A) had quashed the 148 pro .....

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..... ed at the very outset at the start of ITAT's order. On perusal of same, the ITA No. 3638- D-13 does not finds mention on page 2 of ITAT's order dated 15.4.2014 whereas the ITA No. 3294- Del-2013 for A.Y. 2004-05 figures." 3. We have heard both the parties with reference to the material on record. The Cause List and record of 'F' Bench Clerk placed before us by our Bench Clerk does not reveal list .....

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..... reassessment proceedings have been held invalid, whatever follows thereafter must also necessarily be invalid and none of the additions can be sustained by this Tribunal has also been opined by Hon'ble Calcutta High Court in the case of Rawatmal Harakchand vs. CIT (1981) 129 ITR 346 (Cal.). Consequent to Tribunal's Order dated 15.4.2014 in ITA No. 3294/Del/2013, we dismiss the appeal filed by the .....

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