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TMI Blog2018 (6) TMI 1836X X X X Extracts X X X X X X X X Extracts X X X X ..... the eyes of law as laid down in the case of Sampatraj Dharmichand Jain [ 2016 (7) TMI 67 - GUJARAT HIGH COURT] wherein it has been observed that reopening may not be permitted for mere verification purpose. Appeal of the assessee is allowed. - ITA No. 2488/DEL/2017 - - - Dated:- 1-6-2018 - Shri H.S. Sidhu, Judicial Member For the Appellant : Sh. Ankit Gupta, Adv. For the Respondent : Ms. Ashima Neb, Sr. DR ORDER This appeal is filed by the assessee against the order dated 05.2.2016 passed by Ld. CIT(A), Muzaffarnagar for Assessment Year 2006-07. 2. The grounds raised in the appeal as under:- 1. That the notice issued VIs 148 and reassessment order passed u/s. 147 r.w.s. 143(3) are illegal, bad in law and wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CIT (A) has failed to appreciate, the explanation given in the evidence produced, material placed that has been made available on record has not been properly considered and judicially interpreted and the same do not justify the additions/ allowances made. 9. The interest under Section 234A, 234B 234C has been wrongly and illegally charged as the Appellant could not have foreseen the additions/ disallowances made and could not have included the same in current income for payment of Advance tax. The interest charged under various sections is also wrongly worked out. 10. The Appellant craves leave to add, amend, alter and or modify the grounds of appeal of the said appeal. All of the above grounds of appeal are without prejudice an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e same, the assessee is before the Tribunal. 5. At the time of hearing, Ld. Counsel of the assessee has filed a Paper Book containing pages 1 to 22 in which he has attached the copy of reasons recorded u/s. 148 of the Act for the assessment year 2006-07; Written Explanation; copy of acknowledgement of ITR alongwith computation for the AY 2006-07; copy of reply in the assessment proceeding before ITO, Ward 1(1), Muzaffarnagar dated 30.10.2013; copy of reply in the assessment proceeding before ITO, Ward 1(1), Muzaffarnagar dated 26.2.2014; copy of acknowledgment of ITR alongwith computation for the AY 2005-06; copy of acknowledgment of ITR alongwith computation for the AY 2005-06; copy of acknowledgement of ITR alongwith computation for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision. 7. I have heard both the parties and perused the records, especially the impugned order as well as the Order dated 27.6.2016 of the Hon ble Gujarat High Court at Ahemdabad in Special Civil Application No. 4646 of 2016 in the case of Sampatraj Dharmichand Jain vs. ITO. For the sake of clarity, I am reproducing the reasons recorded u/s. 148 of the Act in the case of the assessee (Paper Book Page-B) as under:- Reasons for initiating proceedings u/s. 148 of the I.T. Act, 1961 in the case of Smt. Neeta Agarwal W/o Rajeev Agarwal. The assessee has invested an amount of Rs. 6,50,000/- in share application during FY 2005-06 whereas income as per intimation under section 143(1) dated 13.9.2006 has been shown as Rs. 99,7000/-. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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