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TMI Blog2018 (7) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... es of the case and in law, Ld.CIT(A) has erred in deleting addition of Rs. 1,20,00,000/- made by Assessing Officer u/s.68 of I.T. Act in respect of the bogus share capital received from companies controlled and managed by Praveen Kumar Jain. 2. On the facts and circumstances of the case and in law, Ld.CIT(A) has erred by not appreciating peculiar facts of the case that (I) There was a specific information from Investigation Wing that the investor companies belonged to Praveen Kumar Jain, who had admitted in a statement on oath that he was involved in providing accommodation entries and therefore, this aspect constituted a relevant material. (II) The assesse failed to produce bank statements of investors, copy of ROI of investors and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sued u/s.148 dt.25/03/2014 which is beyond the period of four years from the end of relevant assessment year in which the assessment u/s.l43(3) was passed dtd.23/10/2009. Thus, Reopening is bad in law. 3. The Learned CIT(A) failed to appreciate that reopening is bad in law as the notice u/s.148 dt.25/03/2014 has been issued without obtaining prior approval / sanction / satisfaction as required u/s. 151 of the Income tax Act. Hence, the reopening is bad in law. 4. The Learned CIT(A) failed to appreciate that the notice u/s.148 dtd.25/03/2014 was issued on the basis of Information received from DGIT(Invt), thus there was no independent application of mind by the A.O. It is simply based on borrowed satisfaction of some other authority; hen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax (Appeals) has not adjudicated the other limbs of its challenge before the ld. Commissioner of Income Tax (Appeals) regarding the validity of reopening. The assessee has duly raised the ground before the ld. Commissioner of Income Tax (Appeals) regarding the validity of reopening by way of additional ground. However, the ld. Commissioner of Income Tax (Appeals) did not adjudicate those issues. 7. Upon hearing both the counsel and perusing the records, we are of the opinion that if a decision is challenged before the first appellate authority both on the issue of validity of jurisdiction as well as merits of the case, the adjudication on validity of reopening can by no stretch of imagination be liable for rejection on the ground that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the necessity arises. 10. Examining the present case on the touchstone of above said case law, we find that the order of the ld. CIT(A) here directly falls under the ambit of Hon'ble High Court's order as above. The ld. CIT(A) has decided one issue and has left undecided another issues duly raised before him. Hence, we are of the considered opinion that these issues relating to validity of reopening were duly raised, which have been left undecided by the ld. CIT(A) and need to be remitted to the file of the ld. CIT(A). The ld. CIT(A) is directed to complete his appellate order by deciding on these issues regarding the validity of reopening which were duly raised before him by the assessee. Needless to add the ld. CIT(A) in his order s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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