M/S Excellent Land Developers Pvt. Ltd., New Delhi vs. DCIT, New Delhi
In the result, the appeal of the assessee is allowed
ITA 3052/DEL/2013[2004-05]Status: DisposedITAT Delhi17 Mar 2016AY 2004-05
Bench: Shri A.T. Varkey & Shri Prashant Maharishi
For Appellant: Shri Salil Aggarwal, Advocate &For Respondent: Shri B.R.R. Kumar, Senior DR
Section 143(1)Section 147Section 148Section 44A
…rred to the reasons for issue of notice under Section 148 which was provided to the assessee. Thereafter, the Bench referred to the decisions in CIT v. Atul Jain, 299 ITR 383 (Del), Rajesh Jhaveri Stock Brokers Pvt. Ltd (supra), Jay Bharat Maruti Ltd. v. CIT, 223 CTR 269 (Del) and CIT v. Batra Bhatta Company, 174 Taxman 444 (Del) and eventually held thus:- “9. In the present case, we find that the first sentence of the so-called reasons recorded by the Assessing Officer is mere information received from the Deputy Director of Income Tax (Investigation). The second sentence is a direction given by the very same De…