2022 (3) TMI 1274

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.... Income Tax Act is bad both on the facts and in law and the loss declared in the return should have been accepted. 2. That in any view of the matter after filing of return no notice u/s. 143(2) of the IT act has been served on the assessee which is a mandatory requirement hence entire assessment liable to be declared annulled. 3. That in any view of the matter ex-parte assessment as framed by the Assessing Office is highly unjustified when the necessary details already on record hence the action of both the tow lower authorities are incorrect. 4. That in any view of the matter the addition maintained to Rs. 20,82,071/- after the decision of first appeal by applying rate of 5% as against 10% as imposed by Assessing....

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....see as per the receipt dated 16.09.2016. On the contrary, the department has filed the relevant record including the order-sheet of the assessment proceedings as well as the copy of the notice issued under section 143(2) dated 14.09.2016 which was received by the assessee/AR on 16.09.2016. The assessee has not disputed the signature acknowledging the receipt of the said notice on behalf of the assessee. Accordingly, in view of the facts and circumstances of the case, the notice issued under section 143(2) dated 14.09.2016 was duly served on the assessee on 16.09.2016 which is within the period of limitation therefore, this ground of the assessee's appeal is de-void of merit and the same is dismissed. 4. Ground Nos. 1 and 3 to 8 are r....

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....f the paper book and submitted that the Assessing Officer has accepted the net profit rate declared by the assessee for the assessment year 2013-14 @ 2.78% and loss declared by the assessee for the assessment year 2014-15. Thus the learned AR has contended that without considering the past history of the assessee, the additions made by the Assessing Officer and confirmed by the CIT(A) is not justified and liable to be deleted. However, he has submitted that since the C.A. of the assessee who was representing before the Assessing Officer has expired therefore, the necessary details in support of the case of the assessee is required to be submitted and hence the matter may be remanded to the record of the Assessing Officer for re-adjudication....

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....y the assessee does not disclose and contain the necessary information and details as required. Except the total income declared nil, no other details are given in the return of income. The Assessing Officer issued notices under section 143(2) as well as various notices issued under sections 142(1) alongwith the questionnaire to the assessee however, the assessee has not responded to the notice issued by the Assessing Officer and consequently the assessment was framed under section 144 on the basis of the material available on record. It is pertinent to note that though the Assessing Officer has taken the gross receipts as per the total deposits in the bank account of the assessee however, the other details as reflected in the bank account ....