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2015 (8) TMI 332 - PUNJAB AND HARYANA HIGH COURT

2015 (8) TMI 332 - PUNJAB AND HARYANA HIGH COURT - TMI - Validity of assessment framed u/s 143(3) - whether the assessment ought to have been made under Section 144 and not under Section 143(3) also appellants were not served with the necessary documents - Held that:- Notices were issued and questionnaires were served under Sections 142(1) and 143(2) of the Act on 07.02.1998. Even thereafter, an opportunity was granted to collect the photocopies but the appellants did not avail of the same. Noti .....

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cer is entitled to make a best judgment assessment if the assessee fails to comply with all the terms of a notice issued under Section 142(1). We will assume, therefore, that the Assessing Officer could have done so. However, despite the same, the Assessing Officer completed the assessment under Section 143(3) on the basis of the information provided by the assessee. No infirmity in the action taken by the Assessing Officer. - Decided against assessee - ITA No. 14 of 2015 (O & M) - Dated:- 3-8-2 .....

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9;CIT (Appeals)'] which, in turn, had upheld the assessment order. The matter pertains to the assessment year 1992-93. 2. The appellants contend that the following substantial questions of law arise:- I. Whether, the Tribunal was justified in holding that the assessment framed u/s 143(3) of the Act is valid in law, as admittedly appellant has not complied with the notices issued u/s 142(1)(a) and 142 (1)(b) of the Act, as such assessment should have been framed u/s 144 as against section 143 .....

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; 53,32,424/- without granting fair, proper & reasonable opportunity of being heard as without adhering to the principles of the natural justice? V. Whether, the Tribunal was justified in law in upholding the addition made u/s 68 of the Act based on the credits which are admittedly not in the regular books of accounts of the assessee? VI. Whether the Tribunal was justified in law in upholding the addition made of ₹ 30,05,592/- u/s 68 of the Act by adopting the peak credit of the indivi .....

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ection 144 of the Act and not under Section 143(3). It is also contended that the appellants were not served with the necessary documents. 4. The Assessing Officer, CIT (Appeals) and the Tribunal have, in considerable detail, indicated how the appellants have managed to prolong these proceedings for several years. The contention that the documents were not given and that the appellants did not have the benefit of the documents on which the assessment order was made is unfounded. Firstly, there w .....

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d of the relevant record not having been brought to their notice. As noted in the impugned orders, the appellants were repeatedly given opportunities. For instance, by a letter dated 23.09.1997, the appellants were informed that the photocopies of the documents could be collected by them from the office on any working day from 10.00 a.m. to 5.00 p.m upto 30.10.1997. Even this letter could not be served through the process server. The Inspector of the Income Tax department was deputed to ascertai .....

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