9911796707
TMI Blog2019 (3) TMI 1249X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment proceedings u/s 143(3) on 11.12.2008 without appreciating that all the relevant facts and material were already available with the A.O. who passed the original assessment order u/s 143(3) on 11.12.2008. 2. Whether on the facts and in the circumstances of the case the Ld. CIT(A) erred in confirming the addition of Rs. 40,46,763/- (out of the total additions made by the A.O. at Rs. 60,85,373/-) on account of disallowance u/s 14A of the Income Tax Act read with Rule 8D and he failed to consider and appreciate the detailed submissions made before him in a summary and mechanical manner. 3. In the alternative, whether on the facts and in the circumstances of the case the addition confirm by the Ld. CIT(A) at Rs. 40,46,763/- on acco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dend income. 8. The reopening of assessment is null and void authorities below initio also because the reopening was on the basis of audit objection and the Ld. CIT somehow wanted to take some remedial action to settle the audit objection. 3. The facts giving rise to the present appeal are that return of income declaring total income at Rs. 58,96,966/- was filed on 30.10.2006. The assessment was finalised u/s 143(3) of the Income Tax Act, 1961 (hereinafter called as 'the Act') on 11.12.2008 determining total income at Rs. 59,34,440/-. Thereafter, the case of the assessee was reopened for assessment and the assessment u/s 147 of the Act was framed vide order dated 28.3.2013. While framing the assessment, the A.O. made disallowance u/s 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of the assessee to make true and full disclosure of income. He contended that notice u/s 148 of the Act was issued on 29.12.2011, after expiry of 4 years from the end of the relevant assessment year. The mandatory condition for issue of notice after 4 years is that the assessing officer must be satisfied that income has escaped assessment by reason of the failure on the part of the assessee to make true and full disclosure of all material facts necessary for the assessment. However, there is no such allegation in the satisfaction note recorded by the A.O. that there was failure on the part of the assessee to make true and full disclosure of all the material facts. In the absence of such satisfaction, reopening is not valid. In support of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mandatory approval by CIT is sine-qua-non and if it is not obtained would vitiate the proceedings. He contended that CIT has not applied his own mind and merely approved the proposal of the assessing officer. He further contended that the A.O. failed to apply the mind which is apparent from the fact that in the reasons recorded by the A.O., he has stated mistake, such mistakes propose non-application of mind by the A.O. and also by approving authorities. 5. Ld. D.R. opposed these submissions of the assessee and supported the orders of the authorities below. 6. We have heard the rival submissions, perused the materials available on record and gone through the orders of the authorities below. We find that before Ld. CIT(A), the assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
