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TMI Blog2018 (11) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... erefore, the same cannot be upheld. Accordingly set aside the notice u/s 148 of the Act the reassessment based on such notice deserves to be quashed. Since the assessment itself has been quashed the other ad-hoc disallowance stand deleted. - Decided in favour of assessee. - ITA No.2013/DEL/2015 - - - Dated:- 12-11-2018 - SH. N. K. BILLAIYA, ACCOUNTANT MEMBER For The Appellant : Sh. G.S. Grewal, CA Shri Jaspal Singh Sahni, CA For The Respondent : Ms. Aashna Paul, Sr. DR ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-18, New Delhi dated 30.01.2015 pertaining to A. Y. 2005-06. 2. The grievance of the assessee read :- 1. The Learned CIT(A), New ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee though he attended office on various dates. 5. The Assessing Officer accordingly proceeded of making addition of ₹ 10 lacs on the basis of the information received from ACIT, Central Circle-22, New Delhi. The Assessing Officer further disallowed ₹ 3,90,311/- being 20% of expenses alleging that personal use of these facilities cannot be ruled out. The Assessing Officer further disallowed 10% out of diesel expenses amounting to 4,56,770/- and 10% of truck hiring charges amounting to ₹ 4,33,654/- and 10% of incentives paid to employees amounting to ₹ 345754/- on 10% of purchase amounting to ₹ 161876/- the assessment was accordingly completed. 6. The assessee agitated the matter before the CIT(A) but ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y cpmpanies transferred to the bank accounts of the ultimate beneficiaries. As per the list of beneficiaries^enclosed therewith, the assessee Shri Harjeet Singh, is one of the beneficiaries who reciived accommodation entry from Shri S.K. Gupta through his concerns. Shri Harjeet Singh is the existing assessee of this ward and has'atSt) received accommodation entries as under. Deposits in proprietors accounts Transfer to 1st intermediatory company Date Particulars Amount Bank Ch.No. Date Intermediate Amount 18-09-04 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Year 2004-05 relevant to the assessment year 2005-06, hence it is a fit case for issuing of notice u/s 148 of the Income Tax Act-1961. If approved, notice under section 148 of the Income Tax Act-1961 for the assessment year 2005-06 may be issued. ITO,Ward 32(1), New Delhi. 9. As per the chart at page 6 of the paper book there is a noting at Sr. No. 10 which is as under :- S. No. Date Ch. No. Amount Actual beneficiary Actual Beneficiary Name as per PAN Address PAN No. Lies in circle 1 09.09.04 1000000 Harjeet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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