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TMI Blog2022 (5) TMI 275X X X X Extracts X X X X X X X X Extracts X X X X ..... Noida to Circle 71(1), New Delhi - HELD THAT:- The assessee has not filed any evidence in support of the allegation that he was not given opportunity before transfer of jurisdiction u/s.127 of the Act. In the absence of such evidence I do not see any merit in the ground raised by the assessee. Accordingly, ground no. 3 is dismissed. Issuance of notice u/s. 143(2) before filing of return of income in response to the notice u/s. 148 - HELD THAT:- Assessing Officer in the assessment order has categorically stated that Shri R.K. Tayal, CA and AR of the assessee attended the assessment proceedings and filed copy of ITR and thereafter statutory notice u/s. 143(2) of the Act was issued on 13.9.2017. Hence, this ground is devoid of any merit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eturned income and therefore merits to be quashed with the directions for appropriate relief to the appellant. b) The ld. Assessing officer ward 1(1), Noida has erred in issuing notice u/s. 148 without having jurisdiction on appellant. c) The ld. Assessing officer Circle 71(1), New Delhi has erred in not issuing fresh notice u/s. 148 after recording fresh reason for reopening and recording his satisfaction. d) That the CIT(A) has erred in law and on facts in not holding that in the circumstances of the case and in law the ld. Assessing officer has erred in passing assessment order before disposing off and passing speaking order on application of appellant raising objection on re-opening assessment proceedings u/s. 147/148. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bstitute any ground of the appeal of the appellant at any time during the pendency of the appeal. 2. At the time of hearing no one appeared on behalf of the assessee. It is seen from the record that since 21.12.2020, the appeal was fixed for hearing many times. However, no one attended the proceedings on behalf of the assessee. From the record it is seen that the notices sent are returned by the postal department with remark that the assessee is not residing at the given address now. The assessee has not provided his current address to the Registry. It was incumbent upon the assessee to provide current address/changed address to the registry for the purpose of service of notice. Under these circumstances, the appeal of the assessee is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the learned CIT(Appeals), who after considering the submissions partly allowed the appeal. Thereby the learned CIT(Appeals) sustained the addition made by the Assessing Officer, however, granted benefit of cost of acquisition and indexation to the assessee. Now the assessee is in appeal before this Tribunal. 5. Ground No. 1 is general in nature, needs no specific adjudication. 6. Ground no. 2 is against reopening of the assessment. Learned DR supported the orders of the authorities below and submitted that the assessment was reopened on the basis of the information available with the Assessing Officer regarding concealment of income by the assessee. He, therefore, submitted that reopening is justified under the facts and circums ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the assessment proceedings and filed copy of ITR. Therefore, it is not a case where notice u/s. 143(2) was issued even prior to filing of the income-tax return. 11. I have heard learned DR, perused the material on record. I find that the Assessing Officer in the assessment order has categorically stated that Shri R.K. Tayal, CA and AR of the assessee attended the assessment proceedings and filed copy of ITR and thereafter statutory notice u/s. 143(2) of the Act was issued on 13.9.2017. Hence, this ground is devoid of any merit and stands rejected accordingly. 12. Ground no. 5 is against upholding the addition of Rs. 4,80,000/- out of Rs. 5,00,000/-. Learned DR supported the orders of the authorities below and submitted that the dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noticed from perusal of assessment record that the appellant has transferred 2000 equity shares in favor of Mr. Sameer Wadhwa vide share transfer form dated 20.04.2009 and has tendered his resignation from the post of Director of the Company before the Registrar of Companies vide letter dated 20.04.2009. Thus from these facts and evidences on record it is inferred that there is no merit in the submissions of Ld. AR that the agreement dated 26.06.2009 is not a valid agreement and the shares were transferred in the previous year 2008-09, therefore the Long Term Capital Gain was taxable in the A.Y 2009-10. It is clearly evident from the copy of deed of change in share holding that the change in share holding replacing the earlier directors na ..... X X X X Extracts X X X X X X X X Extracts X X X X
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