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TMI Blog2025 (2) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... it Kochar, Accountant Member For the Assessee : Sh. Sohrabh Jindal, CA For the Department : Sh. Shailendra Srivastava, Sr. DR ORDER PER RAMIT KOCHAR, AM: This appeal in ITA No. 169/Agr/2022 filed by the assessee for the Assessment Year 2011-12 has arisen from the appellate order dated 23.08.2022 in DIN & Order No. ITBA/NFAC/S/250/2022-23/1044863445(1) passed by the Commissioner of Income Tax (Appeals) (NFAC), Delhi u/s 250 of the Income-tax Act, 1961 ("the Act"), which appeal before learned CIT(A), National Faceless Appeal Centre (NFAC), Delhi had arisen from the reassessment order dated 30.11.2018 passed by the Assessing Officer u/s 147 of the Act. 2. Grounds of appeal raised by the assessee in memo of appeal filed with the Income Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 26,78,350/- had escaped assessment within the meaning of section 147 of the Act, and proceedings u/s 147 were initiated against the assessee. The Assessing Officer issued questionnaire to the assessee. The AO has recorded in the assessment order that the assessee filed his return of income on 16.7.2018 in response to notice u/s 148 of the Act as is emerging from the reassessment order passed by the Assessing Officer. So far as merits of the additions are concerned, the Assessing Officer made additions to the tune of Rs. 13,81,377/- in the hands of the assessee, being interest income from bank account to the tune of Rs. 21,882/-; unexplained cash deposit Rs. 55,000/-; unsecured loan raised in cash to the tune of Rs. 9,50,000/-; and unex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee has not filed return of income originally u/s 139 of the Act. It was also submitted and my attention was drawn to ground no. 1 raised by the assessee in memo of appeal filed with the Tribunal in which assessee has raised legal issue that the reassessment order is liable to be quashed as the same has been passed without issuing and serving notice u/s 143(2) of the Act. Learned counsel for the assessee relied upon several judicial pronouncements in support of his contention as under: (1) Hon'ble Delhi High Court's judgment & order in the case of PCIT v. Dart Infrabuild Pvt. Ltd. (2024) 460 ITR 532 (Delhi); (2) Hon'ble Delhi High Court's judgment & order in the case of Indus Towers Limited v. DCIT dated 29.5.2017 [2017 (6) TMI 24 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reopening of the concluded assessment. I have observed that notice u/s 148 dated 23.3.2018 was issued to the assessee. The assessee has filed return of income originally u/s 139 of the Act which is placed in paper book pages 28 to 31. Thus, it was an erroneous finding on the part of the Assessing Officer while reopening of the assessment u/s 147 that the assessee has not filed return of income. Further, I observe that the assessee has duly filed return of income before the Assessing Officer during the reassessment proceedings. However, while filing return of income the wording used by the assessee was not happily worded. However, from the assessment order it is clear that the Assessing Officer has clearly stated that the assessee has filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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