9911796707
TMI Blog2010 (4) TMI 1159X X X X Extracts X X X X X X X X Extracts X X X X ..... ds raised by the assessee in his appeal read as under :- (1) The ld. Assessing Officer has grievously erred in law in making fresh assessment u/s. 158BC of the Act on 27.12.2007 in pursuance of the Hon'ble ITAT s order dated 17.11.2006 ignoring the fact that the said order stood recalled by the order dated 30.08.2007 passed by the Hon'ble ITAT allowing the misc. application filed by the assessee. The order so made is without jurisdiction, void-ab-initio, and may therefore, be annulled. (2) The ld. Assessing Officer has further erred in law in making the fresh assessment. When the original assessment was made without jurisdiction, and was also barred by limitation. (3) The ld. Assessing Officer has further erred in law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3/-, as under :- Disclosed income for the block period (as per returns) ₹ 6,46,297/- Add. Undisclosed income u/s. 69 (as unexplained investment)- 1 Peak amount as per passbook A-3/1 ₹ 45,00,000/- 2. Peak amount of deposits appearing in diary of L.T. seized by FERA ₹ 19,65,000/- 3. Interest calculated on deposits ₹ 3,40,416/- TOTAL ₹ 74,51,713/- Less: deduction as pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting undisclosed income of ₹ 6,46,297/- and paid the tax thereon. (ii) The Tribunal vide its earlier order dated 17.11.2006 restored the matter to the file of Assessing Officer to make assessment de novo, after considering evidence produced and to be produced by the assessee. Therefore, it was upon to the assessee to take objection which he took in the Miscellaneous Application. (iii) She drew our attention to the observation of A.O. on page 9 of the order under section 158BC read with section 158BD and 143(3) dated 27.12.2007 (fresh order passed in pursuance of ITAT order dated 17.11.2006), wherein the Assessing Officer observed as under :- So jurisdiction is challenged by the assessee is only for misguiding to the Hon' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee should not have any grievance. The ground relating to jurisdiction could have been taken before the Assessing Officer. She further pointed out that Tribunal recalled its earlier order dated 17.11.2006 for the purpose of deciding Grounds No. 1 2 challenging the validity of block assessment on merit and not the entire assessment. Therefore, the Assessing Officer was having no option but to frame the assessment in pursuance of earlier order of ITAT dated 17.11.2008. 7. In his rejoinder, the ld. counsel of the assessee submitted that if the Department was having any grievance against the order dated 30.08.2007 of the Tribunal recalling its order dated 17.11.2006 or against the decision of the Tribunal dated 15.05.2009 cancelli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manner (in thousands) belongs to his employer namely Shri Bipinchandra C. Doshi. Subsequently, the statement of Shri Bipinchandra C. Doshi was also recorded on oath on 12.8.96 in which he accepted that the said passbook belongs to him and all the transactions were made on his behalf in cash and entries are made in coded form. On this basis, the A.O. earlier made the assessment under section 158BC read with section 158BD and 143(3) on 29.02.2000 at a total income of ₹ 68,67,243/-. On appeal by the assessee Tribunal vide order dated 30.08.2007 set aside the said assessment. Subsequently the said order was recalled and the Assessing Officer in pursuance of the direction of the Tribunal framed the fresh assessment on 27.12.2007 at a tota ..... X X X X Extracts X X X X X X X X Extracts X X X X
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