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of <h1>Senior Citizen's Tax Notice Quashed Due to Lack of Evidence; No Tax Liability Imposed.</h1> <h3>Sumathi Janardhana Kurup Versus Income Tax Officer, Ward-28 (3) (1), Mumbai</h3> Sumathi Janardhana Kurup Versus Income Tax Officer, Ward-28 (3) (1), Mumbai - [2024] 471 ITR 604 (Bom) Issues involved:The issues involved in the judgment are related to the validity of the notice issued under Section 148 of the Income Tax Act, 1961, the assessment order passed under Section 148A(d) of the Act, and the imposition of tax liability on the petitioner based on alleged unaccounted income.Details of the Judgment:Validity of Notice under Section 148:The petitioner, a senior citizen, had not filed a return of income for Assessment Year 2015-2016 due to no taxable income. The petitioner paid a sum of Rs. 10,00,000 to a development company for a flat. The notice under Section 148 was issued based on information that the company received cash from the petitioner. However, the petitioner denied paying cash and provided explanations for the source of funds. The court held that there was insufficient evidence to support the allegation of cash payment, and the notice was not valid.Assessment Order under Section 148A(d):The assessment order passed under Section 148A(d) alleged unexplained income for the purchase of the flat. The petitioner denied paying cash and provided explanations for the source of funds. The court found discrepancies in the assessment order, noting that the AO failed to provide evidence of cash payments and the valuation of the property. The court quashed the order, notice, and assessment order, as there was no tangible evidence to support the tax liability imposed on the petitioner.Conclusion:In view of the circumstances and lack of concrete evidence, the court quashed the impugned order passed under Section 148A(d) of the Act, along with the notice and assessment order. The petitioner was relieved from the tax liability, and the appeal was withdrawn. The petition was disposed of with no order as to costs.
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