Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

2019 (9) TMI 311

..... ng the procedure and provisions set out in the Income Tax Act, 1961. Under these sections, the Assessing Officer cannot issue consolidated notices for different Assessment Years. It is statutory requirement for each assessment year to issue statutory notice separately. The Assessing Officer failed to comply with the statute under which the prescribed procedure is mandatory for the Revenue to be followed. The reliance of the AR in case of Y Narayana Chetty vs. ITO [1958 (10) TMI 10 - SUPREME COURT] is relevant in present case, therefore, the notice itself is bad in law and void ab-initio. Thus, the assessment order does not survive. - ITA Nos.3201/Del/201 And ITA No. 6783/DEL/2013 - 5-9-2019 - Shri N.K. Billaiya, Accountant Member, And Shri .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... llegal, bad in law and without jurisdiction and are liable to be quashed / deleted. v. That the impugned Assessment Order passed by the Assessing Officer is against the principles of natural justice and the same has been passed without affording reasonable and adequate opportunity of being heard. vi. That CIT(A) has erred in law and facts of the case in upholding the addition of ₹ 75,00,00.00 on account of short term capital gain and reject the submissions of the appellant solely on the basis of remand report submitted by the AO. The CIT(A) has failed to take into consideration relevant evidences put before him and ignored circumstances of the case. vii. That the evidence and explanation given by the appellant and the material availab .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... ssee for which the penalty has been levied against the assessee. The CIT (A) erred in upholding the same. iv. That in view of the facts and circumstance of the case the A O has erred in law and on facts in imposing the penalty of ₹ 25,24,500.00 U/s 271 (1) (c). The CIT (A) has erred the upholding the same. v. That, the A O, in view of the facts and circumstances of the case erred in levying penalty on the ground of addition on account of Short Term Capital Gain at ₹ 1,04,38,715.00 and reject the explanation given by the appellant merely on surmises and conjectures. The addition made is debatable and cannot be treated as concealed income. The CIT (A) erred in upholding the same. vi. That, the A O, in view of the facts and circums .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... explained by the assessee. The Assessing Officer issued notice u/s 153A of the Act on 26/03/2008 requiring the assessee to file the return of income falling within six assessment years as referred to in clause (b) of Section 153A of the Act. A survey u/s 133A was conducted on the business premises of the assessee on 28/03/2008. At the time of survey, excess stock of raw material and finished goods were found to be short by 1.37 crores approximately. In response, the assessee submitted that the returns of income originally filed may be treated as filed in compliance of the notice u/s 153A of the Act. The Assessing Officer asked the assessee to furnish copies of income tax assessment orders for all the assessment years, copy of bank accounts, .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... T(A) partly allowed the appeal of the assessee. 6. The Ld. AR submitted that the assessment is based on vague and invalid notice u/s 153A and 153C dated 26/03/2008 where section 148 of the Act is mentioned. These facts were duly and promptly objected by the assessee on 23/04/2008 and the same objection was never disposed of by the Assessing Officer. Thus, the proceedings based on vague and invalid notice cannot be continence/contested. The Ld. AR further submitted that notice u/s 143(2) of the Act issued on 23/11/2009 for all AYs 2002-03 to 2007-08 are also invalid as the notice has to be issued separately for each assessment years. The Ld. AR submitted that at no place, the assessee was subjected to any search /requisitioned action u/s 132 .....

X X X X X X X

Full Text of the Document

X X X X X X X

..... the assessment order has itself mentioned each assessment years separately. The Assessing Officer has given separate finding to that effect. The Ld. DR further submitted that the Assessee Officer as well as the CIT(A) has rightly made additions on merit. 8. We have heard both the parties and perused all the relevant material on record. From the perusal of the notice issued u/s 153A r.w.s. 153C/143(2) of the Act, it is a clear cut case of overlooking the procedure and provisions set out in the Income Tax Act, 1961. Under these sections, the Assessing Officer cannot issue consolidated notices for different Assessment Years. It is statutory requirement for each assessment year to issue statutory notice separately. The Assessing Officer failed .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||