Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2019 (2) TMI 1708

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hi Chaudhury, This appeal preferred by the assessee emanates from the order of Ld. CIT(Appeals)-2, Aurangabad dated 01.08.2017 for the assessment year 2008-09 as per grounds of appeal on record. 2. At the time of hearing, the Ld. AR of the assessee submitted that he wants to argue the legal ground first i.e. whether the reasons recorded for reopening of assessment by the Assessing Officer form .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... is not responded the same. As per para-3 of the said letter, the assessee was required to furnish the details of sources of the financial transaction along with copies of documents in support of his claim. On verification of AST data, it is seen that the assessee has not furnished his return of income for the A.Y.2008-09. The assessee has not offer the amount of Rs. 16.04 lakh for taxation. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ether the change of address was communicated by the assessee to the Department, the Ld. AR submitted that change of address was not communicated to the Department by the assessee. Furthermore, coming back to the reasons recorded, the assessee was required to furnish details of sources of the financial transaction along with copies of documents in support of his claim. This was also not done by the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nts in support of his claim. iii) As per AST data, the assessee has not furnished his return of income for the A.Y.2008-09. The assessee has not offered the amount of Rs. 16.04 lakh for taxation. These are sufficient reasons for forming 'reason to believe' that income has escaped assessment for reopening of the assessment and therefore, the assessee fails in this legal ground. 6. In view of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... did not object to the request of the assessee. 9. On hearing both the sides on this issue, we are of the considered view that the grounds on merits needs to be adjudicated after detailed factual verification through a speaking order by the Ld. CIT(Appeals).  In view of the matter, we set aside the order of the Ld. CIT(Appeals) and the grounds on merits are remanded to the file of the Firs .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates