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TMI Blog2018 (12) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... cide regarding assumption of jurisdiction under Section 148 of the Act by examining the records whether sufficient reasons and sanction of appropriate authority had been obtained before issuance of notice under Section 147/148 of the Act. The substantial questions of law are answered in favour of the revenue and against the assessee. Order regarding the penalty levied under Section 271(1)(c) of the Act challenged is also set aside. The matters are remanded to the Tribunal to adjudicate all the issues arising in the appeal after affording an opportunity of hearing to the parties in accordance with law. - ITA-569-2008 (O&M) - - - Dated:- 12-11-2018 - MR AJAY KUMAR MITTAL AND MANJARI NEHRU KAUL, JJ. For The Appellant : Mr. Tajender ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esting partition of HUF? ii) Whether on the facts and circumstances of the case and also in the light of the provisions of Section 292B of the Income Tax Act, 1961, the Hon'ble Tribunal was right in law in holding, in contravention of Jurisdictional High Court's judgment in the case of CIT Vs. Rajbir Singh (HUF) 233 ITR 126 (P H), that notice issued under Section 148 of the Act was invalid, especially when the assessee had consciously and intentionally waived his right to object to the defect in the notice? iii) Whether on the facts and in the circumstances of the case and also in the light of clarificatory provisions of Section 292BB of the Income Tax Act, when the assessee has appeared in all the proceedings and cooperated i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) Interest received from HUDA ₹ 254,26,944/- iii) Bank interest as declared ₹ 89,943/- Total ₹ 2,50,37,887/- Less: Deduction u/s 80L ₹ 12,000/- Total Income ₹ 2,50,25,887/- Rounded off ₹ 2,50,25,890/- 4. The penalty proceedings under Section 271(1)(c) for concealment of income were also initiated against the assessee. Feeling aggrieved by the assessment order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [for brevity the CIT(A) ]. The CIT(A) vide or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf had filed the return in the status of 'HUF' coupled with the provisions of Section 292BB of the Act, the Tribunal was not right in declaring the assessment as invalid and annulling the same in view of judgment of this Court in CIT, Faridabad v . Shri Mangal Singh, ITA - 84 - 2009 decided on 01.09.2015. 8. Learned counsel for the assessee did not dispute that the matter is required to be re-examined by the Tribunal. However, it was urged that the Tribunal while re-examining the issue be also directed to decide regarding assumption of jurisdiction under Section 148 of the Act by examining the records whether sufficient reasons and sanction of appropriate authority had been obtained before issuance of notice under Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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