Ashta Vinayak Estate Vs ACIT (ITAT Raipur)
ITAT Raipur held that CIT(A) is duty bound to dispose of all the grounds raised by assessee. Since CIT(A) failed to adjudicate the legal ground raised by the assessee challenging the assumption of jurisdiction by AO, the matter is restored back to CIT(A) for adjudicaton of legal ground.
Facts- The case of assessee was selected through compulsory manual Statutory notices u/s 143(2) was issued on 21.09.2017. Further, notice u/s 142(1) dated 08.12.2018 and 10.12.2018 were issued, seeking details of sales & purchases of lands, producing books of accounts and to substantiate the Short-Term Capital Gain. The assessee did not respond to the notices issued by AO, thus, in absence of any response by the assessee on various occasions, AO had made additions of Rs.66,66,000/- u/s 69 of the Act, on account of undisclosed investment and for and Rs.10,81,74,000/-, on account of Short Term Capital Gain, respectively.
CIT(A) had set aside the assessment for fresh adjudication to the files of AO, however, the legal ground raised by the assessee challenging the assumption of jurisdiction by the Ld. AO in passing the assessment order without issuance of notice u/s 143(2) within the prescribed time was not adjudicated, therefore, the assessee being aggrieved, preferred the present appeal.
