Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 188 - AT - Income TaxValidity of assessment completed u/s 144 without - valid service of notice u/s 142(1) questioned - addition on account of cash deposited in bank - Held that:- The notice u/s. 142(1) dated 05.11.2007 was issued by ITO ward 41(4), New Delhi to the assessee through speed post to direct the assessee to furnish his return of income for A.Y. 2005-06. The said notice was not received back undelivered. The second show cause notice under Section 142(1) dated 07.12.2007 was issued and the same was also not received back undelivered. Since the notices were not received back “unserved” within thirty days of its issuance, there would be presumption under the law that notice had been duly served upon the assessee. The assessee received the Show Cause Notice u/s. 271(1)(b) of the Income Tax Act, 1961 dated 18.06.2008. Thus, the Assessment order under Section 144 of the Income Tax Act, 1961 is proper. As relates to addition made on account of cash deposited in bank, additional evidence should have been allowed by the Ld. CIT(A) after giving opportunity to the Assessing Officer under Rule 46A(3) of the Income Tax Rules, 1962. Though the AR submitted that there was more than 8 months given to the Assessing Officer to send his remand report, in the interest of justice it will be proper to give time to look into the specific books of accounts including inter alia cash book of the assessee and fresh opportunity should have been given to the Assessing Officer while coming to the conclusion. In this respect the matter is remitted back to the Assessing Officer to look upon the additions made on account of cash deposits in bank. - Decided in favour of revenue for statistical purpose.
|