SHRI SURAJ NAVLAKHA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the order of ld.CIT(A)-2, Jaipur dated 13/11/2017 for the A.Y. 2006-07 in the matter of order passed U/s 143(3) of the Income Tax Act, 1961 (in short, the Act).

3. The assessee craves his right to add, amend or alter any of the grounds on or before the hearing.”

1. In the facts and circumstances of the case and in law, ld. AO has erred in reopening the assessment under section 147 of the Income Tax Act 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the assessment proceeding being illegal and without any basis.

2. In the facts and circumstances of the case and in law, the ld. AO has erred in issuing notice under section 148 of the Income Tax Act, 1961 without obtaining proper sanction under section 151 of the Income Tax Act, 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment proceedings being illegal and without jurisdiction.” 4. Rival contentions have been heard and record perused. The facts in brief are that the assessee is having income from salary, house property and business income. The A.O. got information regarding deposit of cash in the savings bank account during the year under consideration, accordingly, after recording the reasons, the A.O. reopened the assessment. During the course of reassessment proceedings, it was revealed that the assessee has raised loan of Rs. 1,95,500/- from various persons and in support thereof affidavits have been filed. The A.O. observed that the assessee has not filed confirmation, accordingly, he

5. I have considered the rival contention and carefully gone through the orders of the authorities below. It was the contention of the ld AR of the assessee that before the ld. CIT(A), the assessee has asked for adjournment but the same was not granted and the appeal was decided by dismissing the same. From the record it appears that proper opportunity was not granted by the ld. CIT(A), therefore, in the substantial interest of justice, we restore the matter back to the file of the ld. CIT(A) for deciding the issue afresh after giving due and reasonable opportunity of being heard to the assessee. The assessee is at liberty to file details if any required by the ld. CIT(A). The assessee is also directed to appear before the ld. CIT(A) within a period of 60 days from the date of receipt of this order.