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TMI Blog2023 (2) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... have quashed the assessment order we do not find it necessary to dwell into the merits of the case. Appeal of the assessee is allowed. - ITA No. 4767/DEL/2012 - - - Dated:- 3-2-2023 - SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER For the Appellant : Sh. Abhishek Mathur, CA For the Respondent : Sh. Vivek Vardhan, Sr DR ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-28, New Delhi dated 23.07.2012 pertaining to A.Y.2003-04. 2. The concise grounds of appeal read as under :- 1. That on the facts and in the circumstances of the case, the Hon'ble Commissioner of Income Tax (Appeals) has erred in law by holding that the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Assessing Officer has wrongly invoked the proceedings under Explanation - 3 of section 147 of the Income Tax Act, 1961 thereby floated enquiry in respect of Share Capital contribution by the others five shareholders in aggregate to Rs.43.30 lacs without at first applying his own mind to the information received from the Hon'ble Director of Income Tax (Inv.) and arriving at a belief as to whether any income has escaped assessment or not. He has failed to do so, therefore, invokement of the provision of Explanation - 3 of section 147 is in a suspicious and arbitrary manner which is bad in law. Thus the addition of Rs.43.30 lacs made by the learned Assessing Officer u/sec. 68 of the Act is unwarranted and bad in law. 5) That t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement of any of the accommodation providers and an opportunity to cross examine them which is against the principles of natural justice resulting into quashing the reassessment proceedings. Filed On 22th Feb.. 2016 (These grounds are not being pressed). 3) That on the facts and circumstances of the case the learned Assessing Officer has erred in the law in making erroneous addition of Rs.40,30,000/- (Rs.46,30,000/- minus of Rs.6,00,000/-) u/sec. 68 of the Income Tax Act, 1961 which is beyond his power in view of Explanation 3 of section 147 of the said Act. 4) That the learned Income Tax Officer had recorded the reasons for reopening of the impugned assessment after the expiry of four years from the end of the relevant a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has perused the assessment records but could not point out any notice issued and served u/s. 143 (2) of the Act subsequent to 02.08.2010 which is date of filing of the return of income. 7. Though there is a mention by the AO vide order sheet entry dated 15.04.2010 that there is a compliance by the assessee but again the entire assessment record were considered and we (alongwith DR) could not find any such compliance letter / details by the assessee on 15.04.2010 since there is no evidence whatsoever in relation to the issue and service of notice u/s. 143 (2) of the Act. 8. We have no hesitation to hold the entire assessment null and void for want of notice u/s. 143 (2) of the Act. The appeal is allowed on the additional ground. Since ..... X X X X Extracts X X X X X X X X Extracts X X X X
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