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TMI Blog2022 (3) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant is directed to be diligent and make its submissions so that the Ld. CIT(A) is able to expeditiously adjudicate the legal issue. Accordingly, the appeal of the assessee is allowed for statistical purposes. - ITA No. 545/Kol/2020 - - - Dated:- 23-2-2022 - SHRI A.T. VARKEY, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER Appellant by : None Respondent by : Shri Biswanath Das, Addl. CIT ORDER PER GIRISH AGRAWAL , ACCOUNTANT MEMBER : This appeal is directed against the order passed by the Ld. CIT(A)- 17, Kolkata for A.Y. 2011-12 vide order dated 16.09.2020. 2. None appeared on behalf of the assessee. 3. From the perusal of impugned order, it is observed that the appellant has taken add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. b) Statement of Sri Praveen Agarwal recorded during the search (as mentioned in the assessment order). c) Ledger copy of assessee company in the books of Praveen Agarwal (as mentioned in the assessment order). d) Certified copy of the order sheet recording the proceeding of the assessment. 12.4. Despite of repealed request and personal visit to the office of La. A.O., same were not provided till date to the appellant. 12.5. Not providing the reasons recorded for reopening of assessment in itself is major irregularity in the income tax proceeding. 12.6. From the body of assessment order reasons for reopening which could be assimilated are as under: A search and seizure operation was conducted at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) Our this submission gets strength that Ld. AO could have simply well verified from assessment records and E-ITR filed that the same amount of share capital and share premium were coming/appearing from earlier years and thus no money was received during the year under consideration and should not have been the part of reason for reopening. c) There are catena of judgement that merely on borrowed satisfaction and merely on information from investigation wing, assessment cannot be reopened. Therefore, reopening itself is bad in law effecting the assessment too as bad in law. 12.9. It is also not clear whether Praveen Agarwal has named the appellant in the statement recorded during search and seizure or Ld. AO in a generalize ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de the impugned order and restore the appeal back to the file of Ld. CIT(A) directing him to adjudicate the legal issue raised by way of additional grounds (supra) and to decide the same by passing a reasoned order in accordance with law. Needless to say that reasonable opportunity of being heard be provided to the appellant for representing its case; and the appellant is directed to be diligent and make its submissions so that the Ld. CIT(A) is able to expeditiously adjudicate the legal issue. Accordingly, the appeal of the assessee is allowed for statistical purposes. 8. In the result, the appeal of the assessee is allowed for statistical purposes as aforesaid. Order pronounced in the open court on 23.02.2022. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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