9911796707
TMI Blog2022 (4) TMI 796X X X X Extracts X X X X X X X X Extracts X X X X ..... A ) For the Appellant : T. Vasudevan , Advocate For the Respondents : G. Johnson , Addl. CIT ORDER Per V. Durga Rao , Judicial Member This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), Puducherry, dated 20.08.2019 relevant to the assessment year 2011-12. The assessee has raised the following grounds: 1. The order of the Commissioner of Income-tax(Appeals) dismissing the appeal on the issue of jurisdiction and on the merits is contrary to law, erroneous and unsustainable on the facts of the case. 2. The CIT(A) erred in confirming the reopening by issue of notice u/s. 148 and the completion of assessment u/s. 147 of the Act. 3. The CIT(A) faile ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... einvestment of sale consideration made in residential property in the name of assessee's wife was valid and thus the assessee was fully justified in the claim for exemption. 10. The CIT(A), in any event, ought to have considered the contentions of the assessee in the proper perspective one held that the notice u/s. 148 and assessment were bad in law and also allowed the exemption under sec. 54F of the Act. 2. Facts are, in brief, that this is second round of litigation before the Tribunal. In the first round of litigation, the Single Member Bench of ITAT has quashed the order of assessment passed under section 143(3) r.w.s. 147 of the Act on the ground that when there is time limit to issue notice under section 143(2) of the I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y supported the order passed by the Assessing Officer and confirmed by the ld. CIT(A). 6. We have heard both the sides, perused the materials available on record and gone through the orders of authorities below. In the present case, the only issue for consideration is whether the reopening of assessment under section 147 of the Act is valid or not. For the sake of convenience, the reasons recorded and communicated to the assessee are reproduced as under: The assessee filed his return of income for the A.Y. 2011-12 on 25.03.2013 admitting total income of ₹ 2,17,740/- under the head salary and under the head capital gain admitted NIL income claiming exemption u/s. 54 of ₹ 12,39,280/-. During the Year under consideration th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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