9911796707
TMI Blog2025 (1) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to as 'the Act') relating to the Assessment Year 2011-12. 2. The Registry has noted that there is a delay of 6 days in filing the above appeal. The assessee filed a Notarized Affidavit stating that he was away from India between 09-09-2023 to 14-09-2023, whereas the appeal ought to have been filed on 14-09-2023. However the same was filed on 18-09-2023 wherein six days delay and requested to condone the same. We are satisfied with the reasons stated in the Affidavit thereby the delay of six days in filing the appeal is hereby condoned. 3. Brief fact is that the assessee is an individual having income from house property, business income and other sources. For the Asst. Year 2011-12, assessee filed its original Return of Income on 07-07 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e name of Vivan but later his name was entered as an account holder, The AO has not rebutted this objection by the appellant the assessment order and appears to have accepted the said claim. From the copy of the computation of income filed by the appellant it is evident that he is showing rental income from two concerns namely viz. SBI Life Insurance and Aditya Retail. Further, from the perusal of the bank account copy of which was submitted the deposits are largely mentioned as rent or main receipts from SBI Life etc. This means that the appellant has duly disclosed the transactions reflected in the said bank account in his return of income. The appellant has also furnished a ledger account to explain the said deposits. The AO has not brou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... craves leave to add, alter or amend any of the grounds of appeal before final hearing of appeal. 6.1. Ld. Counsel Shri Hardik Vora appearing for the assessee raised the following Additional Ground of Appeal: 6. On the facts and circumstances of the case as well on the subject, the learned CIT(A) has erred in not considering that if no addition confirmed on the basis of reasons recorded, re-assessment proceedings cannot be continued on other grounds. As the ground could not be taken in Form 36 inadvertently, we request your honour to accept additional Ground of Appeal. 7. In support of the additional ground, Ld. Counsel relied upon Calcutta High Court Judgment in the case of CIT(Exemption) vs. B.P. Poddar Foundation For Education repor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ings is a valid notice, if this notice is held to be invalid, the entire edifice sought to be raised on such foundation has to collapse and therefore the entire reassessment proceedings liable to be quashed. 10. The Hon'ble Calcutta High Court in the case of B.P. Poddar Foundation For Education (cited supra) wherein it was held as follows: "Denial of exemption (Reassessment) Assessment year 2009-10 During year, assessee trust declared its income as NIL Subsequently, Assessing Officer issued a reopening notice for reason that assessee had deposited money with a company which was found to be specified person of assessee, thus, assessee was hit by section 13(1)(c)(ii) and section 13(1)(d) and money was to be taxed separately at maximum marg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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