2012 (1) TMI 231

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..... as the Revenue has raised 17 grounds of their appeals. 3. The assessee filed Additional Ground which reads as under:- The appellant submits that the Learned Assessing Officer has erred in completing the assessment without issuing the notice u/s. 143(2) of the Income Tax Act, 1961 and hence the order passed u/s. 158BC of the Income Tax Act, 1961 is illegal and void ab-inito and as such the same is liable to be quashed. 4. The Ld. AR submitted that the block assessment was completed without issuing the notice u/s/143(2) of the Act. He further submitted that the assessee filed an application for obtaining information under right to information Act dated 17-6- 2010 wherein, in reply to that the AO stated that the case records were .....

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..... red by the assessee for taxation and assessment was completed. The assessee filed appeal before the CIT (A) taking number of grounds challenging the assessment order. However, the assessee did not take any ground in respect of inclusion of this interest amount of ₹ 22,84,994/-. The assessee filed further appeal against the order of CIT (A) before the Tribunal and the inclusion of the said amount of ₹ 22,84,994/- was not objected even in the grounds of appeal as originally filed before the Tribunal. However, by as forwarding letter the assessee has raised additional ground that the sum of ₹ 22,84,994/- detected from the statement of expenditure during construction cannot be included in total income. It was pointed out that .....

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..... The Law laid down is that facts which must on record in the assessment proceedings. In the case under consideration whether the AO had issued notice u/s. 143(2) while making block assessment or not is a fact which is on record in the assessment proceedings. Merely non mentioning such facts either by the AO in his order or by the CIT (A) in their order does not amount to the that the fact was not on record in the assessment proceedings. In the light of above discussion, we do not agree with the contention of the Ld. D.R. After considering the totality of the case we admit the additional ground filed by the assessee. However, we notice that the Revenue did not get occasion to examine the issue in detail which has been raised by the assessee .....

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