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2017 (10) TMI 1670

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..... 'ITO') Ward 34 (4) without an appropriate order u/s 127 - HELD THAT:- ITAT has in the impugned order specifically adverted to the above aspect and correctly held that "The ACIT, Circle 34(1), New Delhi has admittedly not recorded that he had reasons to believe that income chargeable to tax of the Assessee has escaped assessment. He continued reassessment proceedings initiated by the ITO, Ward 34(4 .....

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..... t : Mr. Arvind Kumar, Advocate. ORDER 1. This is an appeal filed by the Revenue against an order dated 23rd December 2015 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No. 1211/Del/2010 for the Assessment Year ('AY') 2006-07. 2. Although other grounds have been pressed by the Revenue regarding the validity of the impugned order of the ITAT holding the assessment order passed under .....

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..... Assessee has escaped assessment. He continued reassessment proceedings initiated by the ITO, Ward 34(4) of the Act without independently recording reasons for reopening or issuing a fresh notice u/s 148 of the Act." Further the ITAT noted that "There is no order u/s 127 of the Act transferring the jurisdiction of the case from ITO, Ward 34(4) to ACIT, Ward 34(1). Thus this order of reassessment pa .....

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