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TMI Blog2019 (2) TMI 1708X X X X Extracts X X X X X X X X Extracts X X X X ..... quired whether 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 assessee. Further, in the reasons recorded, it is stated on verification of AST data, that the assessee has not furnished his return of income for the assessment year 2008-09. The assessee has not offered the amount of ₹ 16.04 Lakh for taxation. In view of above, the Assessing Officer has reason to believe the amount of ₹ 16,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to argue the legal ground first i.e. whether the reasons recorded for reopening of assessment by the Assessing Officer forms reason to believe that income has escaped assessment as mandated within the provisions of section 147/148 of the Income Tax Act, 1961 (hereinafter referred to as the Act ). 3. We have therefore, perused the copy of the reasons recorded placed in paper book before us which is extracted as under:- Name and address of the assessee Shri Karande Swapnil Kisan N-9, K-56-5, Pawan Nagar, CIDCO, Aurangabad A.Y. 2008-09 PAN ARXPK6056E REASO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of address and the assessee did not receive any notice or letter as such and therefore, was not able to respond. Re-enquired whether 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 assessee. Further, in the reasons recorded, it is stated on verification of AST data, that the assessee has not furnished his return of income for the assessment year 2008-09. The assessee has not offered the amount of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered by the Ld. CIT(Appeals). The Ld. CIT(Appeals)/Ld. AO has not brought any material on record to justify that the above receipts are net income of the assessee. That for verification of this aspect, it was prayed by the Ld. AR of the assessee that the matter may be restored to the file of the Ld. CIT(Appeals). 8. The Ld. DR 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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