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TMI Blog2021 (1) TMI 54X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Income Tax, Range-23, New Delhi has given the approval on 28.03.2015 as per page 5 of the paper book. We declare this approval is also not as per law and the AO issued notice under section 148 of the Act prior to the approval by the competent authority, same is also not valid. Addition under section 69 being purchases made by the assessee even though same is quoted from relevant documents which the assessee has produced in the shape of paper book and has also all the necessary documentary evidence before the Assessing Officer including ledger account, bill and bank statement and payment made by cheque reflected in the books of accounts of the assessee and Assessing Officer on the same has not brought on record any negative evidence and wrongly said that the bogus transaction which is contrary to the evidence filed by the assessee and the addition in dispute is also liable to be cancelled and we cancel the same. Appeal filed by the assessee is allowed. - I.T.A. No.4420/Del/2019 - - - Dated:- 31-12-2020 - SHRI H. S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Revenue by : Sh. Satyajeet Goel, C.A. Assessee by : Ms. Aman Preet, Sr. DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring an income at ₹ 6,00,988/- on 03.09.2008. The case of the assessee was reopened under section 147 of the Income Tax Act, 1961 (hereinafter called 'the Act'). On the information from the office of the Deputy Commissioner of Income Tax, Central Circle-11, Jhandewalan Extension, New Delhi dated 1.11.2013. It was informed that the assessee had involved to providing / receiving accommodation entries to / from AMR Construction Ltd. ₹ 90,08,782/- and Prakartik Hotels Pvt. Ltd., ₹ 8,00,225/-. After completing the formalities as per law the Assessing Officer issued a notice under section 148 of the I.T. Act to the assessee on 27.03.2015. In compliance of the same, assessee filed a letter dated 29.04.2015 stating that original return was filed under section 139(1) of the Act dated 03.09.2008 declaring income of ₹ 6,988/-, be treated as income filed in response to notice under section 148 of the Act. The AO also issued notice under section 143(1) of Income Tax Act on 1.9.2015 in response to the same authorized representative of the assessee appeared and filed his reply and furnished the necessary details. Assessee vide letter dated 9.2.2016 denied any trans ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he impugned order dated 25.03.2019 passed by the learned CIT(A) filed present appeal before the Tribunal. 7. At the time of hearing, learned counsel for the assesse drew our attention towards the paper book filed by the assessee containing page 1 to 83 in which the assessee has attached various documentary evidence filed by the assessee alongwith some case laws supporting the claim of the assessee and he relied upon the same and requested that the addition in dispute may be deleted by declaring assessment null and void on the grounds mentioned by the assessee with support of documentary evidence as well as the case laws filed by the assessee in the shape of paper book. 8. Learned DR relied upon the order passed by the Revenue Authorities and stated that the Assessing Officer has issued a notice under section 148 of the I.T. Act on the basis of some documentary evidence and completed the assessment after making a deep enquiry and found that the transaction of the assessee is bogus therefore the appeal filed by the assessee may be dismissed. 9. We have heard both the parties, perused the orders passed by the Revenue Authorities including the documentary evidence filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.12.2015, the representative of the assessee appeared and AO stated that the assessee's representative has already filed objection where he sought recorded statement of the entry provider alongwith their balance-sheet, copy of account ITR etc., as this office only received copy of record of statement same is handed over to the AR for perusal and further objection if any copy of recorded reasons and approval of the higher authorities are already handed over through the assessee. The objection filed by the assessee are already disposed and the case is adjourned for 17.12.2015 but on 17.12.2015 none appeared for the parties and AO issued show cause notice under section 271(1)(b) for 7.1.2016 and on 7.1.2016 the authorized representative of the assessee filed reply of notice again challenged the reopening of the assessment under section 148 of the I.T. Act by citing various court judgments. Learned Assessing Officer vide his ordersheet entry dated 07.1.2016 considered the submission of the assessee and has held that objection in regard to the reopening of assessment has already been rejected while disposing his earlier objection vide ordersheet entry dated 03.12.2015. For the sake ..... X X X X Extracts X X X X X X X X Extracts X X X X
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