TaxTMI 
TaxTMI 
2015 (2) TMI 717
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....merging on the face of record, necessary for disposal of the present appeal, are that the assessee-respondent though had income through long-term capital gains, interest income and agricultural income but did not choose to file Income-tax return under section 139 of the Act. Consequent to the information available with the Revenue, a notice under section 148 of the Act was issued on January 15, 2010. However, it was observed by the Assessing Officer that despite of several notices, neither Income-tax return nor any other details were furnished in response to the notice under section 148 of the Act. However, a letter was filed by the assessee containing, inter alia, that the assessee has no taxable income and, therefore, no return is require....
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....ncome at Rs. 3,52,29,339. 3. Dissatisfied with the said assessment, an appeal came to be filed by the assessee before the Commissioner of Income-tax (Appeals) (for short "the CIT(A") before whom, on behalf of the assessee, certain additional evidence under rule 46A of the Income-tax Rules, 1962, namely, copies of sale deeds of the land, valuation report and bank statements, etc., were filed as also the claim under section 54F and explanation with regard to deposit in the bank accounts were submitted. It has been observed by the Commissioner of Income-tax (Appeals) that the additional evidence, which were placed by the assessee under rule 46A was sent to the Assessing Officer and a remand report was sought from the Assessing Officer with ....
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....of the Revenue, contended that the assessee though had enjoyed taxable income and had huge unaccounted deposits in bank account but had not chosen to file return of income so also did not place on record any material before the Assessing Officer despite of several opportunities having been granted. He further contended that the assessee ought to have furnished the return of income under section 139 even if the claim of the assessee had been that there was no taxable income but at least in pursuance of notice under section 148 of the Act he was duty bound to file the Income-tax return as also to place on record the other material desired by the Assessing Officer consequent to initiation of proceedings under section 148 of the Act. He further....
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....e of adequate opportunity had granted several opportunities and passed the order to the best of information available at his command. Even the Commissioner of Income- tax (Appeals) did admit the additional evidence under rule 46A, granted adequate opportunity to the assessee and on the basis of his finding dismissed the appeal. The Tribunal, while setting aside the order of the Assessing Officer, has chosen not to decide any issue. It may be a different aspect that on the material available with the Commissioner of Income-tax (Appeals) whether the Tribunal ought to have restored the matter back to the Assessing Officer to grant an opportunity afresh ; nevertheless the Tribunal in its view in the interest of justice has restored the matter b....