आयकर अपीलीय अिधकरण च(cid:7003)डीगढ़ (cid:7008)यायपीठ “एस एम सी” च(cid:7003)डीगढ़ , . . , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCHES, “SMC” CHANDIGARH HEARING THROUGH: VIRTUAL MODE (cid:7088)ी िव(cid:7059)म (cid:7410)सह यादव लखे ा सद(cid:7021)य , BEFORE: SHRI. VIKRAM SINGH YADAV, AM आयकर अपील सं ITA No. 835/Chd/2024 ./

िनधा(cid:6981)रण वष(cid:6981) Assessment Year : 2012-13 /

Madan Jindal C/o A Goel & Associates 50 SCF, Leela Bhawan, Patiala, Punjab-147001	बनाम	The DCIT Circle, Sirhind Patiala
(cid:7021)थायी लेखा सं./PAN NO: AAMPJ2919F
अपीलाथ(cid:7278)/Appellant (cid:7079)(cid:7004)यथ(cid:7278)/Respondent

िनधा(cid:6981)(cid:7407)रती क(cid:7409) ओर से Assessee by : Shri Ashok Goel, C.A /

राज(cid:7021)व क(cid:7409) ओर से Revenue by : Dr. Ranjeet Kaur, Sr. DR /

सुनवाई क(cid:7409) तारीख Date of Hearing : 08/01/2025 /

उदघोषणा क(cid:7409) तारीख Date of Pronouncement : 20/01/2025 /

आदशे Order /

PER VIKRAM SINGH YADAV, AM This is an appeal filed by the Assessee against the order of the Ld. CIT, ADDL/JCIT(A)-8, Delhi dt. 28/06/2024 pertaining to Assessment Year 2012-13 wherein the Assessee has taken the following grounds of appeal:

1. “In Law, on the facts and in the circumstances of the case, the Ld. CIT(A) is not justified confirming the addition of Rs. 10,12,400/- on account of interest claimed.

2. The learned CIT(A) has erred in deciding the appeal without giving any opportunity as per CBDT Notification No. 139/2021/F. No. 370142/66/2021-TPL notified the Faceless Appeal Scheme, 2021 (hereinafter referred to as 'new scheme') applicable w.e.f. 28 December 2021 which is in supersession of the old scheme, Which is against natural justice as no notice was given after Dec 2020.When appeal decided in June 2024.

3. The learned CIT(A) has erred in law and in the facts confirming the issue of notice u/s 148 and recording of reason, when the AO was having no jurisdiction over the assessee.

4. The learned CIT(A) has erred in law in the facts confirming the issue of notice u/s

148 when reason recorded were on incorrect facts and not as per law.

5. The learned CIT(A) has erred in law in the facts upholding the addition Rs 10,12,400/- made on account of interest which is against natural justice as only four days were allowed to file submission for information relating to 7 years old.

6. The learned CIT(A) has erred in law in the facts upholding the addition Rs 10,12,400/- made on account of interest when, no addition have been made on the ground for which the case was reopened u/s 148. Hence no other addition can be made. 7. The learned CIT(A) has erred in law in the facts upholding the addition Rs 10,12,400/- made on account of interest when the claim of the same is genuine and has been allowed in scrutiny assessment also in other years.

8. That the appellant craves leave to add delete or modify any ground of appeal and to add any new ground of appeal. Before the same is heard or disposed off.”

2. Briefly the facts of the case are that basis information in possession of the AO that the assessee has carried out certain transaction in immovable property amounting to Rs. 57,73,000/- and in absence of any plausible explanation submitted by the Assessee, reasons were recorded whereby the AO held that he has sufficient reasons to believe that nature and source of financial transaction crystallizing his income by way of capital income on sale of immovable property remain unexplained and as such represents assessee’s income which has escaped assessment and notice under section 148 dt. 29/03/2019 was issued by ITO, Ward Nabha. Thereafter, case of the assessee was transferred to DCIT, Mandi Gobindgarh and in response to the initial notice dt. 29/03/2019, the assessee filed its return of income on 21/10/2019 thereafter notice under section 143(2) and 142(1) were issued calling for necessary information/ documentation from the assessee. During the course of assessment proceeding, the AO noted from the computation of income furnished by the a

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