9911796707
TMI Blog2018 (5) TMI 998X X X X Extracts X X X X X X X X Extracts X X X X ..... essee. The assessment has been made u/s 144. In the notice u/s 144 dated 21.11.2016, AO has first time referred to capital gain on sale of land which means the AO obtained the copy of the Registered Transferred Deed dated 04.12.2008 which was executed by Smt. Ritu Aggarwal for a consideration of ₹ 1,85,000/- on 04.01.2008 by Sh. Mahender Kumar. Now neither the notice nor the proceedings u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of appeal pertaining to sole issue being proceedings initiated u/s 147 of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] and making addition on account of purchase of flat. 3. The brief facts of the case as emanating from the order of ld. CIT(A) are reproduced hereinbelow: The only dispute between the appellant and the Revenue is invocation of the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p duty authorities was much higher the actual value of the property sold was much lower. In the instant case the appellant has not discharged the onus cast by law upon it. That being the case there is no reason to interfere with the impugned assessment order. The same is therefore confirmed. The appeal of the appellant fails and is dismissed. 4. I have heard the rival contentions and perused ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Registered Transferred Deed dated 04.12.2008 which was executed by Smt. Ritu Aggarwal for a consideration of ₹ 1,85,000/- on 04.01.2008 by Sh. Mahender Kumar. Now neither the notice nor the proceedings u/s 147 could be validated by this notice. In fact as per the sale deed seller is Smt. Ritu Aggarwal and purchaser is Sh. Mahender Kumar and no notice had been issued to either of them. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the proceedings initiated u/s 147 of the Act are bad in law and are directed to be quashed. The legal grounds raised by the assessee are allowed. Since the assessee succeeds on legal grounds, we do not decide the merit in the matter. 6. In the result appeal of the assessee in ITA No.5461/D/17 is allowed. The order is pronounced in the open court on 06.03.2018. - - TaxTMI - TMITax - In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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