TaxTMI 
TaxTMI 
2017 (12) TMI 734
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.... filed her return of income for assessment year 2009-10, however the assessee had purchased an immovable property during the year under consideration. The action under section 147 of the Act was taken by recording the reasons and notice under section 148 of the Act was issued on 25th February, 2015 and served upon assessee through registered speed post on 28th February, 2015. The assessee in response to the notice under section 148 filed her return of income on 17th March, 2015 showing the nil income. Notice under section 143(2), was issued on 17th March, 2015. In compliance to the notice under section 143(2), the assessee's counsel appeared before AO and filed replies to the questionnaire issued by AO time to time. 4. As per AIR informa....
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....ty for Rs. 20,00,000/- and consideration was paid in cash. The AO also noted that in the sale deed the word purchaser and seller have been used instead of donor and donee. The AO, therefore, treated the investment in purchase of property unexplained and same was treated as unexplained investment under section 69 of the Income-tax Act and addition of Rs. 20,00,000/- was made in the hands of the assessee. 7. The assessee reiterated the same facts before learned CIT (A). The assessee also filed affidavit of deed writer Ajay Bansal, affidavit of Kirmender Singh and affidavits of witnesses to the sale deed in which it was stated that no consideration was paid for sale of the property. The learned CIT (A) however did not accept contention of a....
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....ala [1971] 82 ITR 821 (SC). Learned DR contended that in this case admittedly notice under section 143(2) have been issued therefore mere mention of wrong assessment year would not prove that no notice under section 143(2) have been issued. 9. After considering rival submission, I am not inclined to entertain the plea of the assessee. There is no dispute that issue of notice under section 143(2) within prescribed time is mandatory before passing of the reassessment proceedings. In the present case, the assessee filed the return of income in response to notice under section 148 of the Act on 17th March, 2015 showing nil income. The AO has mentioned in the assessment order that notice under section 143(2) was issued on 17th March, 2015.....
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.... 2015. It is a mere omission in the notice with reference to filing of the return only and as such the same could not be treated as invalid under the law. For all intent and purposes, the assessee accepted the notice under section 143(2) dated 17th March, 2015 for the purpose of completion of the reassessment proceedings for AY 2009-10. The AO, therefore, issued notice under section 143(2) to the assessee for assessment year under appeal and the same have been served upon assessee within the period of limitation. Therefore, such inadvertent mistake/omission is not fatal to the case of the Revenue. In the case of Aravali Engineers Ltd. v. CIT [2011] 335 ITR 508, Hon'ble Punjab and Haryana High Court considered the plea raised by the assessee....
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....not inclined to entertain the plea of the assessee that no notice under section 143(2) have been issued and served upon the assessee. The learned DR therefore rightly contended that this ground of appeal of assessee should be rejected. In view of the above discussion, this ground of appeal of assessee is rejected. 10. Learned counsel for the assessee on merits challenged the addition of Rs. 20,00,000/-. Learned counsel for the assessee submitted that it was a sale transaction without monetary consideration and in her alternate contention she has contended that the assessee being a house wife has no source of income and as such source of his family should have been considered and that the affidavits of deed writer, son of assessee (Vendor....