TaxTMI 
TaxTMI 
2017 (11) TMI 686
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....cts and circumstances of the case, the Tribunal was justified in confirming the order of the Commissioner of Income Tax (Appeals) justifying the issuance of notice under Section 147/148 of the Act? (b) Whether upon the facts and circumstances of the case, the Tribunal was justified in not considering the vital issue of not issuing the copies of the return with annexures filed by the appellant while observing that the same is an administrative decision, which has to be taken up with the departmental authorities? (c) Whether upon the facts and circumstances of the case, the Tribunal was justified in holding that the appellant should have filed a revised return after receiving the notice under Section 148 of the Act? (d) Whether upon the....
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....eturn which had already been filed on 15.05.2000 be treated as response to the notice. After the said reply notices under Sections 142(1) and 143(2) are issued along with the detailed questionnaire. After discussion with the authorised representative about the said amount of Rs. 3,00,000/-, which has been transferred through cheque from the account of two persons of Co-operative Bank, Kanpur, the assessing authority found no satisfactory reply and he has noticed that the appellant given a formal reply namely that notice under Section 143(2) cannot be issued because the time limit for scrutiny has already been expired in the month of March, 2002. The assessing authority has proceeded on the basis of reply and the information which has been ....
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....come and is to be penalized as per provisions contained in Section 271(1)(c) of the Income Tax Act, 1961. For this purpose penalty proceedings are separately initiated. On the basis of above facts, the income of assessee is computed as under: Unexplained gift Rs. 3,00,000/- Other unexplained credits in bank a/c Rs. 5,10,000/- Total income Rs. 8,10,000/-" An appeal has been filed before the Commissioner of Income Tax (Appeals) by the appellant. The Commissioner of Income Tax (Appeals) has dismissed the appeal by affirming the order passed by the Assessing Authority by observing that the appellant has failed to prove the genuineness of the credits. The C.I.T. (Appeals) has further observed that the appellant has not offer....