2013 (2) TMI 741

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..... impugned order of the Ld. CIT(A)-I, Nashik dated 2.12.2010 for the assessment year 2004-05. The assessee has taken the following effective grounds: 1. In the absence of conditions precedent for issuance of notice u/s.148 of the IT Act, 1961, the impugned assessment order is bad in law, null, and void ab initio and without jurisdiction and hence the same may please be vacated/annulled 2. The .....

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..... ay please be deleted. 4. The learned CIT(A) has erred in giving the finding that interest u/s. 234 B is mandatory in nature, particularly, when appellant income was not liable to be taxed in view of the provisions of section 208 of the I T Act. The aforesaid finding of the CIT(A) being arbitrary, perverse, devoid of merits and patently illegal the same may please be vacated. 2. The assessee .....

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..... ound is now well settled by the Hon'ble Supreme Court in the case of ACIT vs. Hotel Blue Moon 229 CTR 219. The Ld. Counsel relied on the decision of the Hon'ble Supreme court in the case of National Thermal Power Company Ltd. vs. CIT 229 ITR 383. We have also heard the Ld. D.R. 4. We find that the additional grounds raised by the assessee is purely a legal ground in which the assessee h .....

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..... me for the A.Y. 2004-05 on 9.3.2007 declaring total income at Rs. Nil. The A.O. reopened the assessment in the case of the assessee by issuance of the notice u/s 148 of the Act on 1.9.2008 and completed the assessment by making the following additions: i. Unexplained advances - ₹ 13,00,000/- ii. Amount not spent on objects of the trust - ₹ 9,48,585/- 6. The assessee has taken .....

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..... e can consider the additional ground and accordingly can decide the same. Both the parties agreed that the additional ground may be set aside to the file of the Ld. CIT(A) and other grounds on merit may be kept open. We accordingly with the consent of both the parties side aside the additional ground to the file of the CIT(A) Pune to decide the same by calling the report of the A.O. and after exam .....

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