Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s Josh Builders & Developers Pvt. Ltd. Versus The Principle Commissioner of Income Tax-I, Chandigarh

2016 (9) TMI 340 - PUNJAB AND HARYANA HIGH COURT

Notice deemed to be valid in certain circumstances - application of provisions of Section 292-BB of the Act in the case of the assessee when the notice though not proved to be issued by the Assessing Officer was also not served on the assessee - company - Whether the Hon'ble Tribunal acted illegally and perversely by misdirecting itself in law as well as on facts by reversing the order of the CIT (A) and restoring that of the Assessing Officer when neither notice under Section 143(2) of the Act .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

during the assessment proceedings and rather, without any objection, having voluntarily taken part in such proceedings, were facts, which were also considered and held against the assessee. It was further observed that even the Commissioner had recorded that the notice dated 20.08.2013 duly existed in the assessment records and qua this finding of the Commissioner, the assessee had not filed any appeal or crossobjection - The objection so raised by the assessee before the Assessing Officer w .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

erse. Therefore, we are disinclined to interfere in the present appeal and resultantly, order dismissal of the same. - I.T.A. No. 119 of 2016 - Dated:- 9-9-2016 - MR. S. J. VAZIFDAR AND MR. DEEPAK SIBAL, JJ. For The Appellant : Mr. Sanjay Bansal, Senior Advocate with Mr. Brij Mohan Monga, Advocate For The Respondent : Ms. Urvashi Dugga, Advocate DEEPAK SIBAL, J. : The present appeal filed under Section 260-A of the Income Tax Act, 1961 (for short - the Act) is at the instance of the assessee and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ed in the body of the present appeal, the following two were pressed at the time of hearing :- (i). Whether the Hon'ble Tribunal acted illegally and perversely by misdirecting itself in law as well as on facts by reversing the order of the CIT (A) and restoring that of the Assessing Officer when neither notice under Section 143(2) of the Act was issued nor served, during the course of assessment proceedings ? (ii). Whether the Hon'ble Tribunal on the facts and in the circumstances of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Real Estate. On 09.09.2010, a survey operation under Section 133-A of the Act was carried out at the business premises of the assessee's group, during the course of which, an amount of ₹ 1,50,00,000/- was voluntarily surrendered by the group. Out of the aforesaid amount, ₹ 1,00,00,000/- was surrendered by the assessee as income from business. The assessee filed its return on 30.03.2013, in which the surrendered amount of ₹ 1,00,00,000/- was declared under the head 'Clos .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessee challenged the assessment before the Commissioner of Income Tax (Appeals)-2, Chandigarh (for short - the Commissioner). It was submitted by the assessee that the assessment was required to be annulled for want of any valid notice under Section 143(2) of the Act, issued and served on the assessee preceding such assessment. After traversing the record, the Commissioner was of the view that a notice dated 28.09.2012 under Section 143(2) of the Act, which had been issued to the assessee was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ee, as also finding no reference of the same in the assessment order, allowed the assessee's appeal and ordered the annulment of the assessment impugned before him. The Revenue, being aggrieved by the aforesaid order by the Commissioner, laid a challenge to the same by way of an appeal before the Tribunal, where the Revenue not only produced a copy of the notice dated 20.08.2013 issued under Section 143(2) of the Act, but also produced record in the shape of Speed Post entries and the Dispat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

while agreeing with the Commissioner that the notices dated 28.09.2012 and 27.11.2013 were invalid, after accepting the above-referred submissions raised on behalf of the Revenue and relying upon the provisions of Section 292-BB of the Act, reversed the findings of the Commissioner with regard to annulment of the proceedings, after holding that the notice dated 20.08.2013 was valid. Since the Commissioner had decided the appeal of the assessee only on this issue, the matter was remanded to the C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

assessment proceedings and rather, without any objection, having voluntarily taken part in such proceedings, were facts, which were also considered and held against the assessee. It was further observed that even the Commissioner had recorded that the notice dated 20.08.2013 duly existed in the assessment records and qua this finding of the Commissioner, the assessee had not filed any appeal or crossobjection. After arriving at a conclusion that the aforesaid notice had been issued, reliance wa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ance with the provisions of this Act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this Act that the notice was - (a) not served upon him; or (b) not served upon him in time; or (c) served upon him in an improper manner: Provided that nothing contained in this section shall apply where the assessee has raised such objection before the completion of such assessment or reassessment." Learned senior counsel appearing on behalf of the assessee .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

43 (2) of the Act, as sought to be projected by the Revenue. It was thus submitted that the notice dated 20.08.2013 issued under Section 143 (2) of the Act, which was relied upon by the Revenue, had been fabricated only to validate the assessment proceedings. It is true that the same number in the Dispatch Register has been allotted to both the notices, but that cannot lead to a conclusive determination that two notices, under different provisions of the Act, to the same assessee cannot be dispa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version