M/S JAIN CONTRACTORS PRIVATE LIMITED,LUDHIANA vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-I,, LUDHIANA

That on the facts & circumstances of the case, assessment framed is opposed to the following judgments of Honorable jurisdictional Punjab and Haryana High Court wherein it has been held that notice issued by jurisdictional Assessing Officer is illegal and bad in law since same is not in accordance with Scheme prescribed by CBDT as per s. 151A. a) JATINDER SINGH BHANGU VS UNION OF INDIA AND OTHERS ON 19 JULY, 2024 CWP- 15745-2024 CWP-15791-2024 H.C. OF P&H b) JASJIT SINGH VS UNION OF INDIA AND OTHERS ON 29 JULY, 2024 H.C OF P&H CWP-21509-2024, 29.07.2024 2. That on the facts & circumstances of the case, learned Assessing Officer has grossly erred in law in framing assessment without providing copy of reasons recorded to initiate proceedings u/s 147 of the Act inspite of specific request of the assessee for copy of reasons recorded vide letter dated 28.03.2022 and various verbal requests during assessment proceedings. Assessment framed without providing copy of reasons recorded is illegal and bad in law and be quashed. 3. That on the facts & circumstances of the case, assessment framed without providing copy of reasons recorded be quashed being opposed to judgment of Honorable Supreme Court in the case of GKN DRIVESHAFTS (INDIA) LTD. vs. INCOME TAX OFFICER & ORS 2003) 259 ITR 0019 wherein it has been held that on receipt of notice u/s 148 of the Act, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notice. The AO is bound to furnish reasons within a reasonable time.

That on the fact a & circumstances of the case, learned assessing officer has grossly erred in law in initiating proceedings u/s 147 of the Act since conditions for assumption of jurisdiction u/s 147 of the Act were lacking. in as much as, neither the reason to believe provide requisite nexus for the belief that income has escaped assessment nor there was any application of mind before assumption of jurisdiction. It may kindly be held that notice u/s 148 issued by the AO was illegal and invalid and consequent assessment framed u/s 144 r.w.s. 147/148 of the Act be held illegal and bad in law. 5. That on facts and circumstances of the case, Ld. Commissioner of Income Tax (Appeal) National Faceless Appeal Centre (NFAC) Delhi has grossly erred in law in confirming addition of Rs. 4,50,00,000/- made by Assessing Officer by simply observing that income of the assessee has escaped assessment to the tune of Rs. 4,50,00,000/-, Addition made is illegal and bad in law since no details whatsoever of Rs. 4,50,00,000/- have been given.

That on facts and circumstances of the case, Ld. Commissioner of Income Tax (Appeal) National Faceless Appeal Centre (NFAC) Delhi has grossly erred in law in confirming addition of Rs. 4,50,00,000/- since a) Documents relied upon to draw adverse inference against the assessee have never been confronted to the assessee. b) Assessee is neither aware of nature of documents in possession of the department nor is