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TMI Blog2022 (4) TMI 1500X X X X Extracts X X X X X X X X Extracts X X X X ..... ided in favour of assessee. - ITA No. 17/Del/2020 - - - Dated:- 6-4-2022 - Sh. R. K. Panda, Accountant Member For the Assessee : Sh. Pulkit Saini, Adv. For the Revenue : Sh. Om Prakash, Sr. DR ORDER This appeal filed by the assessee is directed against the order dated 05.12.2019 of ld. CIT(A)-16, New Delhi relating to A.Y. 2011-12. 2. Facts of the case, in brief, are that the assessee is an individual and fi led her return of income on 24.09.2011 declaring total income of Rs.1,28,000/-. The assessment was completed u/s 143(3) of the Income Tax Act, 1961 on 27.03.2014 determining the total income of the assessee at Rs.3,51,620/-. Subsequently, the AO reopened the assessment by recording the following reasons: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also upheld the addition in merit. 4. Aggrieved with such order of the ld. CIT(A), the assessee is in appeal before the Tribunal by raising the following grounds: 1. The CIT(A) was not justified impliedly rejecting the ground of appeal argued that the notice issued u/s 148 was invalid for lack of inherent jurisdiction. 2. the CIT(A) was not justified impliedly rejecting the ground of appeal argued that the initiation of proceedings u/s 147 were barred by limitation. 3. The CIT(A) was not justified in holding that reassessment proceeding were not initiated on change of opinion. 4. The CIT(A) erred in holding that the value of the land declared for stamp duty purposes was more than the sale consideration mentioned i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he AO and the ld. CIT(A) and the paper book filed on behalf of the assessee. I have also considered the various decisions cited before me. I find the original assessment in this case was completed u/s 143(3) on 27.03.2014, copy of which is placed at page nos. 1 to 13 of the paper book and the assessment year involved in A.Y. 2011-12. I find the AO in the instant case initiated reassessment proceedings by recording reasons on 29.03.2018 and the copy of the reasons so recorded are placed at page 36 of the paper book. A perusal of the reasons clearly shows that there is absolutely no allegation whatsoever by the AO of any failure on the part of the assessee to disclose fully and truly all material facts necessary for completion of assessment. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at at serial No.5 of the list of companies from which amounts have been allegedly received, the name of the assessee has been shown. This means that the assessee received the received money from itself, which can hardly be an allegation in this case. 8. For the foregoing reasons we feel that the Tribunal has approached the matter in the correct perspective and has held the issuance of the notice under Section 148 dated 30.7.2007 to be bad in law and so, too, all the proceedings pursuant thereto. There is no reason for us to interfere with the impugned order in as much as no substantial question of law arises for our consideration. 10. Respectfully following the decisions of the Hon ble Jurisdictional High Court cited (supra), I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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