2021 (3) TMI 725

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or hearing on24.02.2021, neither the assessee nor its authorized representative appeared before the Bench on the above dates. As there is non-compliance by the assessee, we are proceeding to dispose off this appeal after examining the materials available on record and after hearing the Ld. Departmental Representative (DR). 2. The grounds of appeal filed by the Revenue read as under : 1. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in treating the notice under section 148 of the Act to be defective entirely on technical grounds, notwithstanding that the notice under section 148 was served in person and the signature of the recipient of the notice is available on records. 2. Whet....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt proceedings, as recorded by the AO, the assessee filed (i) copies of ledger accounts of the suspicious parties, (ii) copies of purchase bills, (iii) bank statements and (iv) copy of purchase register for the FY 2008-09. However, the AO observed that the assessee failed to file direct evidence such as stock register, journal and indirect evidence such as delivery challans, lorry receipts, octroi payment etc. Considering the facts of the case, the AO estimated the profit @ 12.5% of the disputed purchases of Rs. 9,23,867/- and accordingly brought to tax Rs. 1,15,483/-. 4. Aggrieved by the order of the AO, the assessee filed an appeal before the Ld. CIT(A). It was stated before him that notice u/s 148 was not served to the assessee ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt and (B) if a letter is received he is duly bound produce the letter or further duly authenticated copy of order sheet signed by competent person. 8. Once a claim is made and not disproved despite reasonable opportunity provided to Assessing Officer being elementary particulars, the matter goes in favour of the claimant i.e., the appellant. The reassessment has at initiation stage two parts - service of notice u/s 148 and compliance to same. Both these are not established despite making a recording in assessment order. Thus the claim of appellant raised in the ground is found to be valid. 9. In view of the above I cancel the reassessment made by the Assessing Officer. The 5 grounds against "Defective notice u/s 148"are a....