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TMI Blog2020 (11) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 143(3) r.w.s 147 of the Income-tax Act, 1961 (hereinafter 'the Act'). 2. The first common issue in these two appeals of assessee is against the order of CIT(A) upholding the reassessment order passed under section 143(3) read with section 147 of the Act and assessee contended that re-assessment order passed is in contravention of the provision of law and bad ab initio and bad in law. For this, assessee has raised the identical ground in both the years and facts and circumstances are also identical. Hence, I will take the facts and ground of appeal from Assessment Year 2010-11. The relevant ground No. 1 and 2 read as under: - "1. It is submitted that the impugned Assessment order passed in violation of principles of natural justice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otified by the National Committee, Ministry of Finance for the purpose of deduction u/s. 35AC of the I. T. Act. Subse1uent to Search the trust registration was cancelled vide order u/s. 12AA(3) of the L T. Act, dated 2016 by the Pr. CIT(Central)-l, Mumbai. It has been noticed that after receipt of donation, trust booked bogus purchases through accommodation entry providers. The entry providers after receipt of cheque payment from trust, encashes the cheque and returns back cash to the Trust/trustee after retaining commission on the accommodation entries. It was concluded that the trust was indulged in bogus activity and not as per its objectives for which trust was formed. The donation made was not genuine and the claims which was made u/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... received any money back and such claim by the trust may be for saving their skin and cannot be applied against her only on the basis of third party statement and without any corroborative material to held so and on such reason the reopening cannot be done. The above mentioned transaction i.e. donation given is genuine in nature and the same has been duly supported by the documentary evidence (Donation Receipt) There is no question of return of money as alleged in the recorded reason. In view of above you would appreciate that the notice u/s 148 is required to be dropped. We shall be highly obliged for the same." 5. The Assessing Officer never disposed of these objections as argued by the learned Counsel for the assessee. The learned C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion within which the Assessing Officer must pass an order on the notice of reopening i.e. within one year from the end of the financial year in which the notice was issued. In fact, Section 153 (2A) of the Act as in force at the relevant time itself provides that an order of fresh Assessment, consequent to the order of Tribunal under Section 254 of the Act, would have to be passed within one year from the end of the financial year in which the order under Section 254 of the Act, was passed by the Tribunal and received by the Commissioner of Income Tax. 10 The Director of the appellant has filed an affidavit dated 19th September, 2006. In the affidavit, it is stated that consequent to the impugned order of the Tribunal dated 14th August, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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