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TMI Blog2021 (6) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act, hence the same is set aside. Thus, grounds raised by the assessee in this appeal are allowed. - ITA No. 9687/Del/2019 - - - Dated:- 14-6-2021 - SHRI KUL BHARAT , JUDICIAL MEMBER Appellant by : Sh. Lalit Mohan, CA Respondent by : Sh. R.K.Gupta, Sr.DR ORDER PER KUL BHARAT , JM : This appeal filed by the assessee for the assessment year 2011-12 is directed against the order of Ld. CIT(A)-14, New Delhi dated 28.10.2019. The assessee has raised following grounds of appeal:- 1. That the learned Commissioner of Income Tax (Appeals)-14, New Delhi has erred both in law and, on facts in directing the learned Assessing Officer u/s 251 of the Act to issue notice u/s 148 of the Act in Assessment Year 2011-12 aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hereby, assessed income at ₹ 48,47,770/- against the returned income of ₹ 5,62,070/-. 4. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A) who after considering the submissions, allowed the appeal of the assessee for statistical purposes on the ground that the notice issued u/s 148 of the Act was bad in law as the requisite prior sanction of Ld. Pr.CIT was found to be invalid. However, Ld.CIT(A) directed the Assessing Officer to issue notice u/s 148 of the Act for Assessment Year under consideration after following the due procedure laid down u/s 147, 148 and 151 of the Act. 5. Aggrieved against this direction, the assessee is in appeal before this Tribunal. 6. At the outset, Ld. Counsel for the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lement Commission abates under section 245HA, he may, after taking into consideration all the material and other information produced by the assessee before, or the results of the inquiry held or evidence recorded by, the Settlement Commission, in the course of the proceeding before it and such other material as may be brought on his record, confirm, reduce, enhance or annul the assessment; (b) in an appeal against an order imposing a penalty, he may confirm or cancel such order or vary it so as either to enhance or to reduce the penalty; (c) in any other case, he may pass such orders in the appeal as he thinks fit. (2) The Commissioner (Appeals) shall not enhance an assessment or a penalty or reduce the amount of refund u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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