TaxTMI 
TaxTMI 
2014 (1) TMI 133
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....hyay ORDER Present appeal filed under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the order dated 25th February, 1999 passed by the Income Tax Appellate Tribunal, Allahabad has been admitted by this Court on the following substantial questions of law: "(1) Whether on the facts and circumstances of the case and material available on records, the Income-....
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....of the respondent's society. In the course of search the Department came in possession of papers which showed that plots of land belonging to respondent assessee was sold on heavy premium which was not disclosed in its books of account. The Assistant Commissioner of Income Tax, Circle I, Kanpur vide order dated 30th January, 1991 assessed an income of Rs. 3,31,923/- being amount of premium receive....
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....sessee at the address given by the department in the memo. of appeal was returned unserved by the postal authorities.A notice dated 28th January, 1999 fixing the appeal for hearing on 22nd February, 1999 was handed over to the departmental representative for service on the assessee. The departmental representative was also advised to ascertain the fact of the substantive assessment. When the matte....
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....ed senior standing counsel appearing for the Revenue submitted that even though the Departmental was not able to give sufficient proof to serve the assessee it was incumbent upon the Tribunal to take recourse to powers vested in it under the rules to get the service effected on the respondent assessee and the department cannot be penalised for such non service on the assessee. The submission has s....