9911796707
TMI Blog2018 (10) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... onal conditions specified under the Act. 1.1 That orders passed by AO and CIT(Appeals) are bad in law, being based on invalid reasons which in turn are based on mere cash deposit without anything more. 1.2. That orders passed by AO and CIT(Appeals) are bad in law, because after return filing no valid notice u/s 143(2) is issued, as evident from Para - 3 of the impugned order. 1.3. That orders passed by AO and CIT(Appeals) are bad in law, because there is no valid exercise of jurisdiction by Assessing Officer who has passed the final order (ITO, Ward-2, Narnaul), as reasons are recorded by ITO, Ward-2, Rewari and notice u/s 148 is also issued by ITO, Ward-2, Rewari. 2. That on the facts and in the circumstances of the case and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income-tax Officer, Ward-2, Rewari." In response to notice u/s 148, no return of income was filed by the assessee. Again notice u/s 142(1) was issued on 17.08.2012 asking the assessee to file his return of income but no return was filed in compliance to this notice also and only power of attorney of the advocate was filed. Later on the jurisdiction of the case was assigned to the Income Tax Officer, Ward-2, Narnaul by the Joint Commissioner of Income Tax, Rewari Range, Rewari vide office order dated 04.02.2013. Notice u/s 142(1) calling the return of income along with query letter was issued for 15.02.2013 and in response to this assessment proceedings were attended by the counsel of the assessee but no return of income was filed. Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The Ld. AR submitted that on identical i.e. exact wordings the reasons recorded in the present case has been dealt by the Tribunal in case of Krishan Kumar vs. ITO (ITA No. 3985/Del/2017 A.Y. 2007-08 dated 15.12.2017) wherein the appeal of the assessee is allowed as reassessment proceedings initiated by the AO are held to be void. Therefore, the Ld. AR submitted that on the legal ground itself the appeal be allowed. 6. The Ld. DR relied upon the Assessment Order as well as the order of the CIT(A), but could not distinguish the facts of the case decided by the Tribunal in case of Krishan Kumar (supra). 7. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note here that the facts ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order on account of which the assessment was reopened but some other additions have been made by the AO, therefore, the AO does not have jurisdiction to make such other additions in absence of any addition made for which the assessment was re-opened in the light of the decision of Hon'ble Delhi High Court in the case of Ranbaxy Laboratory Ltd. (supra). Therefore, the re-assessment proceedings have to be quashed. 10. Even otherwise, also the reopening was made on the basis of AIR information received that the assessee has made cash deposit of Rs. 19 lakhs. I find identical issue had come up before this bench of the Tribunal in the case of Mahavir Prasad (supra). The Tribunal vide ITA no. 924/Del/2015 order dated 09.10.2017 for asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stt. Year in dispute is bad in law and deserves tobe quashed. 11. In view of the above discussion, the reassessment proceedings initiated by the AO are held to be void. Since assessee succeeds on this legal ground i.e. validity of reassessment proceeding, therefore, grounds on merit become academic in nature and therefore are not being adjudicated. 12. In the result, the appeal filed by the assessee is allowed." Thus, the issue contested herein is identical in the present appeal. Thus, the assessee succeeds in the legal ground regarding validity of reassessment proceeding, therefore, we are not adjudicating the grounds on merit as the same becomes academic in nature. The appeal of the assessee is allowed. 8. In result, appeal of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
