TMI Blog2023 (3) TMI 398X X X X Extracts X X X X X X X X Extracts X X X X ..... ises for consideration and in absence thereof, it would be pre-mature to decide the necessity and legality of issuance of such notice. We also find that the assessee has raised this ground before the ld CIT(A) as well, however, there is no adjudication and finding recorded by the ld CIT(A). Therefore, we deem it appropriate to set-aside the said ground of appeal to the file of the ld CIT(A) to decide the same as per law and the ground is thus allowed for statistical purposes. Assessee did not avail of opportunity during the remand proceedings - It is noted that during the course of appellate proceedings, the assessee had moved an application for submitting additional evidence in form of copy of sale deed, copy of Form 15CB/CA and Form 26AS and these documents were then sent to the AO for verification and a remand report was called. The AO thereafter vide letter dated 9/11/2020 has sought certain additional documentation from the assessee in form of working of capital gains, copy of purchase deed and copy of bank statement with ICICI Bank. The ld AR has submitted that the assessee never received the said communication and even the remand report was not confronted to the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum of Rs. 1,00,00,000/- as income from undisclosed sources under section 69 of the Act in absence of any supporting documents furnished by the assessee during the course of assessment proceedings. 4. Being aggrieved, the assessee carried the matter in appeal before the Ld. CIT(A). The Ld. CIT(A) has dismissed the appeal of the assessee holding that the additional evidence submitted in the form of copy of sale deed, copy of Form 15CB/CA and Form 26AS were sent to the AO for verification and a remand report was called. However, the assessee has not availed the opportunity before the AO and has failed to provide certain additional documents as required by the AO to establish the genuineness of the transaction and in absence of the requisite documentation, it can be concluded that the assessee has not been able to provide these documents to justify the transaction and the additions made by the AO was confirmed. Against the said findings and the order of the Ld. CIT(A), the assessee is in appeal before us. 5. In the first ground of appeal, the assessee has assailed the order passed by the AO in absence of any service of notice under section 148 of the Act. It was submitted that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue that no return of income in response to notice under section 148 has been filed is therefore factually incorrect and it was accordingly submitted that in absence of notice under section 143(2) of the Act, the entire proceedings u/s 147 are again vitiated and are bad in law. In support, reliance was placed on the decision of Hon ble Supreme Court in case of ACIT and Another Vs. Hotel Blue Moon which was further reiterated by the Hon ble Supreme Court in case of CIT Vs. Laxman Das Khandelwal in Civil Appeal Nos. 6261-6262 of 2019. Further reliance was placed on the Coordinate Chandigarh Benches decision in case of H.P. Singh and Ors. Vs. ITO (ITA No. 1163/Chd/2018). 9. Per contra, the Ld. DR drawn our reference to the assessment order and submitted that the AO has clearly mentioned that the assessee has not filed the return of income in response to notice u/s 148. It was further submitted that subsequently, the AO has also issued notices u/s 142(1) asking the assessee to file return of income and there has been non-compliance to said notices as well. Without prejudice, it was submitted that even where the claim of the assessee is accepted that the return has been filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion thereof through either online or physical mode. Only where the return has been uploaded and duly verified, it can be said that the return of income has been filed with the department. In the instant case, though the assessee has submitted a copy of ITR V with e-filing acknowledgement number with date of filing as 16/05/2018, it is unclear whether after e-filing, the return of income has been duly verified by the assessee or not. Only where it is established that the assessee has duly filed the return of income in response to notice u/s 148 which is e-filed and verified in the mode and manner as prescribed, the question of issuance or non-issuance of notice u/s 143(2) arises for consideration and in absence thereof, it would be pre-mature to decide the necessity and legality of issuance of such notice. We also find that the assessee has raised this ground before the ld CIT(A) as well, however, there is no adjudication and finding recorded by the ld CIT(A). Therefore, we deem it appropriate to set-aside the said ground of appeal to the file of the ld CIT(A) to decide the same as per law and the ground is thus allowed for statistical purposes. 12. In ground nos. 7 8, the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he reopening of assessment under section 148 of the Act and the mechanical grant of approval under section 151 of the Act. In this regard, our reference was drawn to the reasons recorded by the AO, it was submitted that the reasons for reopening of the assessment was that the assessee had made foreign remittance of Rs. 1,00,00,000/- to his own account during the Financial Year relevant to the impugned Assessment Year and the source of such remittance could not be verified, in view of the same, the income has escaped assessment. In this regard, it was submitted that the assessee was a Non Resident and an American Citizen and during the Financial Year relevant to the impugned Assessment Year, he had sold his House No. 2308, Sector 35-C, Chandigarh for a sale consideration of Rs. 1,30,00,000/- on 22/06/2010 and out of the sale proceeds, the assessee had purchased REC bonds of Rs. 32,00,000/- as provided under section 54EC of the Act and as such there was no capital gains liability during the year under consideration in respect of such transaction. It was further submitted that the assessee wanted to remit the amount of Rs. 1,00,00,000/- to his bank account in USA and for the purposes, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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