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TMI Blog2021 (11) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... s ITA No. 923/Ahd/2019 has arisen from the penalty proceedings under section 271(1)(c) of the Act i.e. penalty appeal. 3. The assessee has taken three ground of appeal. She has challenged reopening of the assessment under section 148 of the Act as well as addition of unexplained cash deposits in the AXIS Bank amounting to Rs. 4,24,500/-. 4. The ld. counsel for the very outset submitted that the assessment was reopened by recording reasons which are available on page no. 4 of the paper book. The reasons read as under: "In this case, No return of income has been filed by the assessee for A.Y. 2010-11. The information as received from the Asstt. Director of Income Tax (I&C.I), Ahmedabad with reference to sale transactions of the immovabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of the ld. CIT(A) reads as under: "8.2. I have carefully considered the Assessment order, facts of the case and submission made by appellant. The Assessing Officer has observed that the stamp duty value of the property sold by appellant is Rs. 13,65,000/- and value adopted for the purpose of registration is Rs. 11,79,360/- and accordingly addition of Rs. 1,85,640/- was made to total income of Appellant on the ground that there was difference in value used for stamp duty and registration purpose. 8.3. The Appellant has contended that there is no difference in stamp duty value of the property and value of sale deed. During the course of Appellant Proceedings, the Appellant submitted registered sale deed executed on 13/07/2009 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axmann.com 1, it was contended by the ld. counsel for the assessee since no addition remained on the issue for which assessment was reopened, therefore, no other issue can be examined by the AO or any other addition can be made. The Hon'ble high Court has considered judgment of Hon'ble Delhi High Court in the case of Ranbaxy Laboratories Ltd. Vs., 336 ITR 136 and CIT Vs. Jet Airways (I) Ltd., 331 ITR 236. 7. On the other hand, the ld. DR contended that the AO has made addition, therefore, he can make addition on other issues also. 8. We have considered rival contentions and gone through the record carefully. The ld. CIT(A) has deleted addition on issue for which the assessment was reopened. Meaning thereby, there is no addition on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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