AVINASH ESTATES & RESORTS LTD. Vs. DEPUTY COMMISSIONER OF INCOME TAX
LAWS(IT)-2014-7-32
INCOME TAX APPELLATE TRIBUNAL
Decided on July 04,2014

Avinash Estates And Resorts Ltd. Appellant
VERSUS
DEPUTY COMMISSIONER OF INCOME TAX Respondents

JUDGEMENT

- (1.) THESE are bunch of five appeals by the assessee against a common order dated 26.3.2014 of the CIT(A), Visakhapatnam pertaining to the assessment years 2004 -05 to 2008 -09. Grounds raised in ITA Nos. 299 to 302/Vizag/2014 being common, we will deal with these appeals at first. The grounds raised are as under: "1. The order of the Ld. CIT(A) is contrary to the facts and also the law application to the facts.
(2.) THE Ld. CIT(A) is not justified in rejecting the contention of the appellant that the notice issued u/s. 153C of the Act is not legally valid and therefore the same is liable to be quashed as illegal and consequently the entire assessment proceedings are liable to quashed as void -ab -initio.
(3.) WITHOUT prejudice to the above, the Ld. CIT(A) ought to have held that the additions made were outside the scope of assessment made u/s. 143(3) r.w.s. 153C of the Act. The Ld. CIT(A) is not justified in confirming Rs. 1,23,851/ - out of the addition of Rs. 2,43,151/ - made by the assessing officer towards unexplained agricultural income u/s. 68 of the Act.;


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