2022 (2) TMI 1187

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....plained cash deposited in bank account of the assessee without passing the speaking order on Grounds of Appeal submitted before the Commissioner of Income tax (Appeals), Hisar 3. Initiating proceeding u/s. 147 of the Act, without, there being any reason to believe that income has escaped assessment. 4. Upholding the validity of assessment without service of notice u/s. 148 of the Act. The above actions being arbitrary, erroneous and unlawful must be quashed with directions for appropriate relief." 3. Facts of the case, in brief, are that the assessee was earning commission income from sale/purchase of immovable property during the year under consideration. An AIR information was received that cash deposit amounting to Rs. 30,67,919/-....

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....noted that the notice u/s. 147 has been issued on 26th March, 2016 and sent through registered post No. RH204057712IN on 28.03.2016 which makes it clear that the provisions of the Act has been complied by the AO. So far as the merit of the case is concerned, he also dismissed the same on the ground that the assessee could not discharge the onus cast on him to prove the identity of the payer and genuineness of the transaction. 5. Aggrieved with such order of the CIT(A), the assessee is in appeal before the Tribunal. 6. I have heard the rival arguments made by both the sides and perused the record. The Ld. Counsel for the assessee submitted that on his plea that no notice u/s. 148 was ever served on the assessee, the earlier Bench had calle....

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....e 30th day of September, 2005 in response to a notice served under this section, and (b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the Finance Act, 2002 (20 of 2002) but before the expiry of the time limit for making the assessment, re-assessment or recomputation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice: Provided further that in a case-- (a) where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30t....