9911796707
TMI Blog2014 (6) TMI 403X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was bad in law and void ab intio. 2. On the facts and in circumstances of the case and in law, the CIT (A) has erred in upholding Assessing officer's act in reopening appellants assessment for the year under consideration despite the fact that AO did not have any reason to believe that appellants income for the year under consideration had escaped assessment. 3. On the facts and circumstances of the case the CIT (A) has erred in upholding the AO's act of reopening the assessment u/s 147 when AO's reason to believe that appellant income has escaped assessment were extraneous to the facts on record and had no live link with the believe. 4. On the facts and circumstances of the case the CIT(A) erred in upholding additions mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred in upholding AO's act of disallowing depreciation claim of Rs 1,69,087/- as appearing in society account on assets used for the purposes of running the school of the society. 13. On the facts and circumstances of the case the CIT (A) has erred in upholding AO's act of disallowing entire expenditure of society amounting to Rs 8,37,809/- incurred in attaining its objectives. 14 On the facts and circumstances of the CIT (A) has erred in upholding the AO''s act of charging tax on appellants income at maximum marginal rate. 15. On the facts and circumstances of the case the CIT (A) has erred in punishing appellant for the misconduct of one of the member of the appellant society. 16. On the facts and circumstances of the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (23C). In this case, the auditor has not certified in his audit report u/s 10BB that he had verified all the vouchers. I have reasons to believe that in the facts and circumstances of the case, the assessee has not declared true income, so far as the application of trust fund is not verifiable. Issue notice u/s 148. Sd/- (VS Kapoor) DDIT(E), TC II, N.Delhi dt. 26.3.2009" 3.1. The Tribunal in the assessee's own case for the Assessment Year 2006- 07, while considering the issue of reopening, has held that the reopening is bad in law. At para 30 to 33 pages 14 and 15, it is held as follows. "30. We have heard the rival contention and perused the material available on record. It is undisputed that the original assessment was completed u/s 143 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh was effected in the books of account in assessment year 2005-06 and not in 2006- 07. In our view, the mere note about the audit being on the basis of test check voucher and auditor's audit does become the basis of reopening of assessment of 2006-07 as the same is the standard auditing practice. 32. In case of section 143(1) assessment, the theory of change of opinion may not be applicable but the nexus of reasons and application of mind are still imperative for upholding the action to reopen the assessment. There is mention of 2nd reason in the assessment order about any member having taken any building loan. In the order only exemption u/s 11 is denied. Respectfully following Hon'ble Delhi High Court judgement in the case of Ranb ..... X X X X Extracts X X X X X X X X Extracts X X X X
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