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TMI Blog2022 (2) TMI 1187X X X X Extracts X X X X X X X X Extracts X X X X ..... dictional ground raised by the assessee challenging the validity of the reassessment proceedings. Since the assessee succeeds on this legal ground, the ground challenging the addition on merit becomes academic - Appeal of assessee allowed. - ITA No. 1766/Del/2019 - - - Dated:- 18-2-2022 - SHRI R. K. PANDA , ACCOUNTANT MEMBER For the Appellant : Akshat Sharma, Advocate For the Respondents : Om Parkash, Sr. DR ORDER This appeal by the assessee is directed against the order dated 28th January, 2019 of the CIT(A), Hisar, relating to Assessment Year 2009-10. 2. The grounds of appeal raised by the assessee read as under:- On the facts and in the circumstances of the case and in law the Ld. CIT(A) erred in: 1. U ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,640/-. Notices u/s. 143(2) and 142(1) of the IT Act, 1961 were issued on 05.12.2016 and served upon the assessee. Sh. Prem Rajpal, Advocate, Counsel of the assessee, attended the assessment proceedings from time to time with whom the case was discussed by the AO. Requisite information/documents/evidence were also furnished which were examined by the AO. After considering the submissions, the AO made addition of ₹ 25,85,000/- on account of failure of assessee to substantiate the genuineness and creditworthiness of the creditors. 4. Before the CIT(A), the assessee, apart from challenging the addition on merit, challenged the validity of the reassessment proceedings on the ground that the notice u/s. 148 was not served on the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The provisions of section 148 read as under:- Issue of notice where income has escaped assessment. 148. (1) Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... val of doubts, it is hereby declared to that nothing contained in the first proviso or the second proviso shall apply to any return which has been furnished on or after the 1st day of October, 2005 in response to a notice served under this section. (2) The Assessing Officer shall, before issuing any notice under this section, record his reasons for doing so. 8. A perusal of the above provisions clearly shows that before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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