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08-02-2019, Vimal Kumar Agarwal, Section 151, 148, 54, Tribunal Jaipur

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2 months 1 week ago #8631 by amit
Section - 151, 148, 54, 54F, 147, 133(6)
Order Date - 08-02-2019
Favouring - Assessee Partly
Court - Tribunal Jaipur
Appellant - Vimal Kumar Agarwal
Respondent - ITO
Justice - RAMESH C. SHARMA, AM & VIJAY PAL RAO, JM
Citation - 219Taxpundit127
Appeal No. - ITA No. 27/JP/2018
Asstt. Year - 2009-10

Order

PER : VIJAY PAL RAO J.M

This appeal by the assessee is directed against the order dated 24.11.2017 of CIT (A), Jaipur for the assessment year 2009-10. The assessee has raised the following grounds:-

“1. That the Ld AO has grossly erred in initiating proceedings u/s 147/148 and Ld. CIT(A) further erred in conforming the action of AO.

2. That the Ld. CIT(A) had erred in disallowing the deduction claimed u/s 54F on the ground that assessee was already living in the same house and only extension and renovation could have taken place and cannot be considered as new construction.

3. The appellant craves the right to add, delete or alter any of the grounds of appeal either before or at the time of hearing of appeal.”

2. The assessee has also raised additional ground as under:-

“1. That Principal Commissioner has not accorded proper satisfaction in terms of section 151 for reopening of assessment u/ 148.”

3. Since, the additional ground is legal in nature and was raised in respect of the approval granted by the Pr. CIT U/s 151 of the Act, therefore, the Bench the directed to the Department to produce the relevant record of approval granted by the ld. Pr. CIT. The ld. DR has produced the assessment re ord along with the approval granted by the Pr. CIT.

4. We have heard the ld. AR as well as ld. DR on the additional ground raised by the assessee. From the record produced by the ld. DR, we find that the ld. Pr. CIT has accorded the sanction for issuing notice U/s 148 of the Act on the reasons recorded by the AO. We further note that prior to the sanction granted by the Pr. CIT even the ACIT examined the record and given his comments. The ld. Pr.CIT after considering the reasons recorded by the AO has granted approval and therefore, having regard to the facts and circumstances of the case where the assessee has not disclosed the transaction of sale of the capital asset in question as well as the capital gain if any arising from the said sale in the original return of income filed by the assessee then the facts do not support the case of the assessee. Once, the assessee has not disclosed the transaction of sale and consequently capital gain then, it is a prima facie case made out by the AO which was considered by the ld. Pr. CIT while granting approval for issuing notice U/s 148 of the Act. The AO sent the proposal seeking approval U/s 151 of the Act by the record of reasons on 09.03.2016 which were considered by the ld. ACIT on 11.03.2016 and finally the Pr. CIT has granted approval on 21.03.2016. Therefore, it is manifest that the reasons recorded by the AO were duly considered by the ACIT and thereafter the Pr.CIT prior to granting app oval for issuing notice U/s 148 of the Act. Hence, we do not find any substance or merits in the additional ground raised by the assessee, the same is dismissed.

5. Ground No. 1 is regarding validity of reopening of the assessment proceedings U/s 147/148 of the Act. The ld. AR of the assessee has submitted that the Assessing Officer while recording the reasons for reopening has stated that information was called for U/s 133(6) of the

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