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2018 (5) TMI 1385 - AT - Income TaxValidity of assessment order - absence of notice under section 143 (2) as alleged to have been not issued by Ld.AO.- Held that:- The notice issued by Ld.AO dated 08/10/10 amounts to be the notice issued under section 143 (2) of the Act. Assessee therefore cannot take the pretext of 143(2) notice being not issued by Ld.AO since the notice dated 08/10/10 makes it amply clear that the assessment proceedings have been initiated in the case of assessee for the relevant assessment year. We therefore do not find any infirmity in the observations of Ld. CIT (A) and the same is upheld. Addition u/s 69C - Held that:- Information sought by Ld.AO from M/s Virat Exim under section 133 (6) was not provided to assessee, which is the basis of addition in the hands of assessee. It is observed that neither Ld.AO nor Ld.CIT(A) conducted any enquiries/verification regarding the same. Neither Ld. CIT (A) not Ld.AO has verified the genuineness of the amount received from M/s Virat Exim. Most importantly it is observed that Ld.AO has made the addition in the hands of assessee under section 69C which is unexplained expenditure, however, from the submissions made by assessee before Ld.CIT (A) as well as observations of Ld.CIT (A) himself, it appears that it is an amount received by assessee from M/s Virat Exim, and therefore cannot be considered to be an expenditure in the hands of assessee. Under such circumstances we deem it fit and proper to set aside this issue back to the file of Ld.AO for proper verification as per law.
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