Kamal Kishoree Aggarwal, New Delhi vs. ACIT, Circle- 34(1), New Delhi
In the result, the appeal of the assessee is allowed
ITA 6628/DEL/2018[2009-10]Status: DisposedITAT Delhi12 Apr 2019AY 2009-10
Bench: Sh. N. S. Sainiita No. 6628/Del/2018 : Asstt. Year : 2009-10 Kamal Kishoree Aggarwal, Vs Acit, A-57, Ashok Vihar, Phase-I, Circle-34(1), New Delhi-110052 New Delhi (Appellant) (Respondent) Pan No. Ackpa3670L Assessee By : Sh. Pancham Sethi, Fca Revenue By : Sh. S. L. Anuragi, Sr. Dr Date Of Hearing: 11.04.2019 Date Of Pronouncement: 12.04.2019 Order This Is An Appeal Filed By The Assessee Against The Order Of Cit(A)-12, New Delhi Dated 13.07.2018. 2. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Order Passed U/S 250(6) By The Ld. Cit(A) Confirming The Assessment Order Passed U/S 143(3) R.W.S. 147 By The Ld. Assessing Officer Is Bad In Law. 2. The Ld. Cit(A) Has Erred Both In Law & On The Facts Of The Case By Upholding The Action Of The Ld. Assessing Officer To Initiate Reopening & Reassessment Of The Case U/S 147 Of The Income Tax Act 1961. 3. Ld. Cit(A) Has Erred In Confirming The Addition Of Rs. 5,96,177/- Made By Ld. Ao U/S 143(3) R.W.S. 147 By Treating Certain Share Transactions As Bogus. 4. Ld. Cit(A) Has Erred In Not Recognizing The Fact That The Client Code Modification (Ccm) Was Done To Rectify The Genuine Errors Held At The End Of Broker For Which The Assessee Was Not Responsible. 2 Kamal Kishoree Aggarwal 5. Ld. Cit(A) Has Erred In Confirming The Order Of Ld. Ao Even When The Ld. Ao Failed To Provide The Details Of The Transactions Where Client Code Was Modified. 6. Ld. Assessing Officer Has Erred Both In Law & On Facts Of The Case In Initiating Penalty Proceedings U/S 271(1)(C) Read With Section 274 Of The It Act, 1961. 7. The Appellant Craves Leave To Amend, Delete Or Add Any Grounds Of Appeal Before Or During The Course Of Hearing Of The Appeal.” 3. In Ground Nos. 1 & 2 Of The Appeal, The Assessee Has Challenged The Reopening Of Assessment Made U/S 147 Of The Act Is Bad In Law.
For Appellant: Sh. Pancham Sethi, FCAFor Respondent: Sh. S. L. Anuragi, Sr. DR
Section 143(3)Section 147Section 148Section 250(6)Section 271(1)(c)Section 274
…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. N. S. Saini, Accountant Member ITA No. 6628/Del/2018 : Asstt. Year : 2009-10 Kamal Kishoree Aggarwal, Vs ACIT, A-57, Ashok Vihar, Phase-I, Circle-34(1), New Delhi-110052 New Delhi (APPELLANT) (RESPONDENT) PAN No. ACKPA3670L Assessee by : Sh. Pancham Sethi, FCA Revenue by : Sh. S. L. Anuragi, Sr. DR Date of Hearing: 11.04.2019 Date of Pronouncement: 12.04.2019 ORDER This is an appeal filed by the assessee against the order of CIT(A)-12, New Delhi dated 13.07.2018. 2. The assessee has raised following grounds of appeal: “1. On the facts…
