9911796707
TMI Blog2022 (5) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... he order of the Hon'ble Commissioner of Income Tax (A) is arbitrary, against law and facts on record. 2. The Hon'ble Commissioner of Income Tax (A) has failed to consider that the issuance of notices u/s. 153C/142(1)/143(2) of the Income Tax Act, 1961 by the learned Assessing officer and the proceedings conducted there under are against the provisions contained in the Income Tax Act, 1961 and is bad in law and hence liable to be quashed. 3. The Hon'ble Commissioner of Income Tax (A) has erred in confirming addition of Rs. 1,44,00,000/- made on protective basis by the Assessing officer without going through the facts of the case, statutory provisions as well as explanation filed during the course of assessment proceeding as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. 153C was recorded in the case of assessee as well as in the case of M/s. Jay Ushin Ltd. Accordingly a notice u/s. 153C of the IT Act for A.Y. 2008-09 was issued to the assessee on 29.01.2016 requiring it to file return of income within 15 days of receipt of such notice. Assessee filed a reply on 25.02.2016 enclosing return of income, audited balance sheet and profit and loss account in response to notice u/s. 153C of the Act. In this return assessee had shown income of Rs. 7,55,810/-. A notice u/s. 143(2) of the Act was issued to the assessee on 03.03.2016. A detailed questionnaire alongwith a notice u/s. 142(1) of the Act was issued to the assessee on 03.03.2016. 4. Heard. On behalf of the assessee it was submitted by the Ld. Sr. Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed incriminating evidence related to the assessee pertains to financial years 2008-09 and 2009-10. However, there was no reference to them in the assessment orders. The assessment proceedings were on extraneous facts and evidences then the one referred in the satisfaction note and which were basis for issuing notice u/s. 153C of the Act. 5.1. It can be also observed that the ld. First Appellate Authority although took note of judgment of Hon'ble Supreme Court of India in the case of Singhad Technical Education Society (Supra) but failed to follow the ratio. Hon'ble Supreme Court of India in the case of CIT vs. Singhad Technical Education Society (supra) has held that incriminating material in regard to the assessee has to pertain t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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