TaxTMI 
TaxTMI 
TaxTMI 
2015 (7) TMI 283
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....aining to assessment year 2005-06. 2. In brief, relevant facts are that the assessee individual is engaged in the business of sale of Vada Pav and Snacks, and he filed a return of income on 01.09.2005, declaring a total income of Rs. 1,72,800/-, which was duly processed u/s 143(1) of the Act. Subsequently, the Assessing Officer noted that the return of income did not contain an amount of Rs. 21,90,750/-, which was admitted by the assessee as additional income for the instant assessment year in the course of a statement recorded at the time of a survey action u/s 133A of the Act on 18.11.2004. In view of the aforesaid reason, the Assessing Officer re-opened the assessment by issuance of notice u/s 148 of the Act on 16.05.2008. In the ensuin....
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....imilar facts and figures. Therefore, please give proper consideration to our submission and respect honourable CIT Appeal." 3. The Assessing Officer was not satisfied with the reply and held retraction was a belated afterthought, devoid of any supporting documentary evidence. Accordingly, he made an addition of Rs. 21,90,750/- to the returned income, on account of additional income offered during the course of survey. 4. Before the CIT(A), the assessee contended that there was no material in possession of the Department, except the impugned statement dated 18.11.2004, to support the addition of Rs. 21,90,750/- made to the returned income, which was retracted in February 2005 prior to filing of return. The CIT(A) held that addition cannot....
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....ollowing decisions:- i) ACIT Vs. Hotel Blue Moon 321 ITR 362 (SC) ii) Nikesh A. Gada (HUF Vs. ITO in ITA no. 2714/Mum/2014 (Mum) iii) Ramesh B. Chandak Vs. ITO in ITA No. 1643/PN/2011 (Pune) iv) Shri Ishwar Sadan Cooperative Housing Society Ltd. Vs. DCIT in ITA No. 2441/Mum/2011 (Mum) v) Shri Shashi Kala M. Pawar Vs. ITO in ITA No. 4821/Mum/2011 (Mum); 6. Notably, before the CIT(A) also, assessee had raised an additional Ground of appeal challenging the validity of the assessment proceedings by issuance of notice u/s 147/148 of the Act, inter-alia contending that the assessment u/s 143(3) r.w.s 147 of the Act has been completed without adhering to the procedure laid down in the Act. The case set up by the assessee was that, after fili....
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....rity of reasoning laid down by the Hon'ble Supreme Court in the case of National Thermal Power Corporation Vs. CIT 229 ITR 383 (SC), the same deserves to be admitted. We are conscious of the fact that the aforesaid ground does not arise from the impugned order of CIT(A) as it was dismissed in-limine as un-admitted by the CIT(A) after noticing that it was not pressed before him. Nevertheless, the issue raised is a point of law, which goes to the root of the matter, and is thus admissible for adjudication, even if it is raised for first time before the Tribunal, following the Judgment of Hon'ble Supreme Court in the case of NTPC Ltd. (supra) and that of the Hon'ble Bombay High Court in the case of CIT vs. Pruthvi Brokers & Shareholders [2012]....
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....reassessment, it shall be deemed that any notice under any provision of the said Act which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of the said Act. Perusal of the order of the ITAT reveals that this aspect was not canvassed before the ITAT. 5. Apart from that, it is an admitted position that no notice under Section 143(2) had been issued while making assessment under Section 143(3) read with Section 147. The Apex Court in the case of National Thermal Power Co. Ltd. vs. Commissioner of Income-Tax, report in 229 ITR 383 has held that the Tribunal has discretion to allow or not to allow a new ground to be raised. But in a case where the Tribunal is only required to consider t....
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.... issuing of notice u/s 143(2) of the Act while making the impugned assessment, in spite of requisite opportunity. In fact, on the last date of hearing of the appeal on 12.06.2015, the following report of the concerned Assessing Officer dated 8/6/2015 was furnished:- "Sub:- Mr. Santosh Sawant. ITA Nos. 830/M/11 (A.Y. 2005-06) & CO 97/M/14 PAN-AADPS5520L Ref: Letter No. Jt. CIT (Sr. AR)/ITAT/'H' Bench/2015-16, dated 02.06.2015. Kindly refer to the above. 2. I once again state that after restructuring, I have taken over this charge w.e.f. 17- 12-2014. The ITO-30(2)(3), Mumbai who was having jurisdiction of the abovementioned assessee has handed over only time-barring cases. On receipt of letters from you, time and again I have request....