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TMI Blog2020 (2) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment years 2009-10 and 2008-09 as per the grounds of appeal on record. 2. The concerned assessees have preferred both legal grounds as well as grounds on merit in the Appeal Memo. The legal grounds pertain to the validity of re-assessment proceedings u/s 147 / 148 of the Act. At the outset, the Ld. AR of the assessee submitted that both these appeals are absolutely similar in facts and circumstances and having the same legal grounds raised. He further submitted that if the assessee succeeds in his legal grounds, then all other grounds on merit would become academic in nature. Both the cases were heard together as the facts and circumstances are common and we proceed to dispose them of vide this consolidated order for the sake of conven ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 2(22)(e) of the Act was in respect of Jay Maharashtra Consumers Pvt. Ltd., whereas the addition made by the Assessing Officer under the said provision is with regard to Apeksha Impex Pvt. Ltd. as evident from para 7 of the Assessing Officer's order. 4. The ld. AR of the assessee further stated that in the related concern of the assessee herein in ITA No.769/PUN/2014 for A.Y. 2009-10, Pune Tribunal in absolutely substantial similar facts, wherein at para 4 of the said order of the Tribunal, reasons leading to the issuance of notice u/s 148 of the Act are provided which is very much similar to the reasons in the case of assessee before us. In that case, Pune Tribunal has observed and held as follows: "8......could have made assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment or re-computation, the Assessing Officer has to serve on the assessee a notice under sub-section (1) of section 148; (iii) The Assessing Officer may assess or reassess such income, which he has reason to believe, has escaped assessment and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under the section; and (iv) though the notice under section 148(2) does not include a particular issue with respect to which income has escaped assessment, he may nonetheless, assess or reassess the income in respect of any issue which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under the section. Howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion in respect of those issues for which he has recorded reasons. Therefore, there is no nexus between the reasons recorded and the belief. 6. We have perused the case records and heard the rival contentions. We have also analyzed the facts and circumstances of the case and also provided considerable thought to various judicial pronouncements brought on record. After hearing the parties, it is an undisputed fact that the reasons recorded by the Assessing Officer before issuance of notice u/s 148 of the Act, ultimately no additions were made on those issues. Even the ld. DR had pointed out that there was an addition made in respect of section 2(22)(e) of the Act but it was in respect of some different entity and not in respect of that enti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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