2021 (2) TMI 669

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..... -06-2019 in relation to the assessment year 2009-10. 2. The first legal issue raised by the assessee in this appeal is against the addition of Rs. 2,18,000/- made by the Assessing Officer (AO) in the order u/s. 143(3) read with section 147 of the Act, which got confirmed in the first appeal. The assessee has made out a case that this addition ought not to have been made as the same did not emanat .....

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..... ntaining the following: During a TDS survey conducted at M/s. Hyderabad Race Club, it was noticed by Survey Team that certain payments pertaining to the F.Y. 2008-09 to 2012-13 were made by Hyderabad Race Club to the Race Horse Owner who are being assessed outside A.P. Region. The payments are substantial and have come to notice on account of non-deduction TDS. 3. In view of the above, I have .....

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..... t in the case of CIT vs. Jet Airways (I) Ltd. (2011) 331 ITR 236 (Bom) has held that the AO cannot proceed with re-assessment if the grounds mentioned in re-assessment are non-existent i.e., if no addition is made on that score. When I examine the factual scenario obtaining in the instant case on the touchstone of the ratio laid down by the Hon'ble jurisdictional High Court in the above decisi .....

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