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TMI Blog2024 (8) TMI 744X X X X Extracts X X X X X X X X Extracts X X X X ..... n the part of the assessee to disclose fully and truly all material facts necessary for assumption of jurisdiction u/s 148. Thus, by not recording the fact that the assessee had filed the original return, which is evident from record, it is very much clear that the reasons are wrong and on the basis of these wrong reasons, the assumption of jurisdiction by the AO u/s 148 is invalid. We are fortified by the Judgement of of Gaurav Joshi,[ 2019 (1) TMI 1893 - ITAT AMRITSAR] Sagar Enterprises [ 2001 (12) TMI 18 - GUJARAT HIGH COURT] and also Fortune Metaliks Ltd. [ 2021 (2) TMI 781 - ITAT CHANDIGARH] , Monika Rani ,[ 2020 (9) TMI 271 - ITAT CHANDIGARH] Baba Kartar Singh Dukku Education Trust [ 2015 (5) TMI 1200 - ITAT CHANDIGARH] and in all the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... invalidates the proceeding u/s 148 as per various judgments of ITAT Amritsar Chandigarh Bences and of Hon'ble Gujarat High Court. 3. That the Ld. CIT(A) has failed to appreciate that there was a mechanical approval of granting sanction to issuance of notice by the Joint Commissioner of Income Tax, which is void abinitio in view of the of the recent judgment of Hon'ble Apex Court in the case of ACIT Vs Serajuddin Co., dated 15.03.2023 and receipt judgment of Chandigarh in ITA No. 718/Chd/20122 vide order, dated 15.09.2023. 4. Notwithstanding the above grounds of appeal, the learned CIT(A) has erred on facts and law in confirming the addition of Rs. 29,75,000/-, as discussed on page 28 of the assessment order and para 5,5. on page 5 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e out that how the escapement of income is there on account of failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. 3. Briefly, it has been argued that whether the assessee is non-filer or not, how there have been escapement of income is not borne out from the reasons so recorded and formation of reason to believe is sine-que for the purposes of assumption of jurisdiction u/s 148. Further to that, it has been argued that the Assessing Officer has solely relied on the documents found during survey, without independently applying his mind and for that it has further been argued that as per page-3 of the assessment order that the assessee had filed copy of the original return in response ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Fortune Metaliks Limited vs DCIT, ITA No.1090/CHD/2019 dated 12.01.2021 (CHD)[PB1-9 of Judgement set] In the case before the Bench, the AO recorded satisfaction of escapement of income on the basis of information which had come to his possession from the Commercial Tax Department, Chhattisgarh, that bogus purchase bills had been taken by the assessee from two parties. The actual purchases from the parties as recorded in the books of account of the assessee were different and name of one of the parties as mentioned in the reasons was wrong. Smt. Monika Rani vs ITO, ITA No.582/Chd/2019 dated 28.02.2020 (CHD-Trib.).[PB159-169 of Judgement set] 10.6 In the present case also the A.O. reopened the assessment on the basis of wrong facts, so respe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid referred to cases, I am of the view that the reopening of the assessment in the present case was not valid, accordingly, the same is quashed. Since the appeal of the assessee is decided on the legal issue, therefore no findings are being given on the merit of the case relating to the quantum of addition. 4. Besides that, there has to be independent application of mind by the Assessing Officer concerned, for which, the reliance has been placed on the following judgments: - i). M/s Signature Hotels (P) Ltd. vs. Income Tax Officer Anr. as reported in [2011] 338 ITR 0051 (DEL-HC). ii). M/s Holy Faith International Pvt. Ltd. V/s. DCIT as reported in ITA No.181/ASR/2017 vide order dated 15.01.2019. iii). PCIT V/s. Meenakshi Overseas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valid. 8. We are fortified by the Judgement of Amritsar Bench in the case of Gaurav Joshi, Sagar Enterprises as mentioned supra and also the judgment of Chandigarh Bench in the case of Fortune Metaliks Ltd. , Monika Rani , Baba Kartar Singh Dukku Education Trust as mentioned supra and in all the above said judgments, it has been held that where wrong facts have been recorded regarding the filing of return, the assumption of jurisdiction u/s 148 was not valid and also that the Assessing Officer has not applied his mind independently. Thus, respectfully above cited judgements, the re-assessment proceedings as initiated u/s 148 are quashed and we hold accordingly. 9. The assessee has taken Ground No. 3,4, 5 are with regard to granting of sanct ..... X X X X Extracts X X X X X X X X Extracts X X X X
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