9911796707
TMI Blog2020 (11) TMI 315X X X X Extracts X X X X X X X X Extracts X X X X ..... rcumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Assessing Officer of passing order u/s. 147 Income Tax Income Tax Act, 1961 (hereinafter referred to as "the Act"), 1961. The said order passed by the Assessing Officer is void ab initio on, inter alia, the grounds that: a) Assumption of jurisdiction under section 148 is bad in law as the Assessing Officer did not apply his mind on the information received by him and the reasons recorded by him is not valid; and b) It is based on factually erroneous premises and built upon surmises and conjectures. 3. That on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in confirming the action of the Assessing Officer of making additio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. AR for the assessee by the Assessing Officer. After perusing the details filed by the Assessee, the Assessing Officer noticed that the assessee has shown net profit of Rs. 1,75,530/- on total sales of Rs. 16,18,223/-. Apart from the same, assessee has also shown commission of Rs. 70,732/- on sale of Rs. 35,36,577/-. In the reply dated 12.11.2018 filed by the assessee, it was stated that assessee was engaged in retail sales of textile on cash and commission basis and during the financial year 2010- 11 the assessee achieved turnover of Rs. 16,18,223/- and commission of Rs. 70,752/- goods of other manufacturers were sold on cash to pheri wala and suppliers were paid by cheques. Assessing Officer asked the assessee to furnish the details of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not applied his mind before issuing the notice u/s. 148 of the Income Tax Act, 1961 by stating that assessee has not filed return of income for the assessment year in dispute meaning thereby before issue of notice u/s. 148 of the Income Tax Act, 1961, the Assessing Officer has not applied his mind, therefore, the reassessment framed by the Assessing Officer is without jurisdiction, bad in law and without application of mind and therefore, is liable to be quashed. 2.3 Ld. Counsel for the assessee further draw our attention towards Paper Book filed by the assessee containing pages 1- 98 in which he has attached various documentary evidences for substantiating the claim of the assessee. He especially draw our attention towards the writte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer at the time of issuing the notice u/s. 148 of the Income Tax Act, 1961. Ld. Counsel for the assessee further draw our attention towards the reasons recorded by the Assessing Officer in which the Assessing Officer has stated that assessee has not filed any voluntary return whereas as stated above, the assessee has already filed the return of income as stated by the Assessing Officer in the assessment order also and Ld. Counsel for the assessee stated that the notice issued by the Assessing Officer is without application of mind and without going through the material already on record with the Assessing Officer, therefore, the assessment in dispute is bad in law and deserve to be cancelled. He further draw our attention towards the pap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axation." In the assessment order dated 30th December, 2011 passed consequent upon the reopening of the assessment, the very first line states that "the Assessee had filed return declaring income of Rs. 4,38,958/- on 31.10.2004 which was processed under Section 143(1) of the Act on 04.01.2005." 4.1 We are of the considered view that the reasons recorded by the Assessing Officer is based on presumption and without application of mind by stating therein that assessee has not filed its return of income whereas the evidences produced by the assessee in the shape of paper book before the Ld. CIT(A) as well as before the Tribunal, establish that the assessee has filed the return of income for the assessment year in dispute, hence, the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
