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11-01-2019, DILWARA LEASING, Section 147, 148, 124(3)(b), Tribunal Delhi

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5 months 6 days ago #8362 by amit
Section - 147, 148, 124(3)(b), 151(1), 150(1)
Order Date - 11-01-2019
Favouring - Assessee
Court - Tribunal Delhi
Appellant - DILWARA LEASING & INVESTMENT LTD.
Respondent - ITO
Justice - BHAVNESH SAINI, J.M. & O.P. KANT, A.M.
Citation - 119Taxpundit158
Appeal No. - ITA No. 3927/Del/2018
Asstt. Year - 2009-10

Order

PER : H.S. SIDHU

This appeal filed by the assessee is directed against the order passed by the Ld. CIT(A)-3, Delhi on 15.02.2018 in relation to the assessment year 2009-10 on the following grounds:-

1 That on the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in sustaining the order passed by AO u/s. 147/143 of the Income Tax Act, 1961 (in short “Act”) without appreciating that assumption of jurisdiction u/s. 148 of the Act was by AO was in violation of jurisdictional conditions stipulated under the Act;

1.1 That on the facts and in the circumstances of the case and in law, Ld. CIT(A) erred in sustaining the order passed by the AO u/s. 147/143(3) without appreciating that “rubber stamp” reasons in present case are based on unconfronted “Appraisal Report” of investigation wing and are without independent
application of mind.

1.2 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciating hat material referred in reasons has not been confronted to assessee namely report of investigation wing Ahmedabad, broker surveyed u/sl33A, statement of broker surveyed and material found from survey and connection of that broker with the assessee, lack of which vitiates the entire proceedings as complete reasons were not furnished to the assessee;

1.3 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) withoutappreciating that Ld AO issued notice u/s 143(2) on 30/06/2016 when reasons were supplied only on 27/09/2016 which vitiates the entire exercise being done in undue hurry and haste;

2. That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the order passed by Ld AO u/s 147/143(3) without appreciating that on basis of surfeit and inundated evidences on records burden lying on assessee has been fully discharged and met so addition made by Ld AO (Rs 39,83,700) and confirmed by CIT-A in impugned order deserves to be deleted.

2.1 That on the facts and in the circumstances -of the case and in law, Id CIT-A erred in sustaining the o der passed by Ld AO u/s 147/143(3) without appreciating that there is no basis of any of the addition of Rs 39,83,700 as whole addition is based merely on assumption , conjectures and surmises and suspicion only without any iota of evidence to support the bald allegation made.

2.2 That on the facts and in the circumstances of the case and in law, Id CIT-A erred in sustaining the

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