TaxTMI 
TaxTMI 
2022 (5) TMI 1282
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....nd in law, the initiation of assessment proceedings and issue / services of notices are not in accordance with the provisions of law and accordingly the assessment order passed on the foundation of such notice(s) is liable to be quashed and CIT(A) erred in not holding so. (b) On the facts and circumstances of the case and in law, no notice u/s 143(2) was issued and served within the stipulated statutory time and accordingly the assessment order passed by the assessing officer is liable to be quashed and CIT(A) erred in not holding so. (c) On the facts and circumstances of the case and in law, the assessment order passed by the assessing officer is without jurisdiction and CIT(A) erred in not holding so. 2. On the ....
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....ducted on 11/11/2.014 on the promises of the assessee comprising Apple Group of cases. The group popularly known as 'Apple Group of Companies'(AGC) is a diversified group with multiple business interests and was established in 2000 as Apple Group of Companies . The group is presently engaged in various businesses & deal in various different fields like metal (mainly iron & steel), coal, construction, commodities trading (mainly includes steel &. iron, coal & Iron ore ) ;etc. at Noida (where its Corporate office & Headquarters are located), Bellary (Karnataka), Anantpur ( Andhra Pradesh), Hyderabad, Mumbai etc. M/s Apple Sponge & Power Limit is one of the Group companies. During the course* of search operation, various incri....
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.... 2,1 Therefore, on 24,02.2015 show cause notice vide F.No. DDITT/NOIDA/Apple/2014- 15/312 was personally served al the office of Apple group at B-lfi, Sector-2, Noida where the assessee has been specifically asked to prove the identity, creditworthiness and genuineness of the; above lenders who have lend such huge amount to the group entities of Apple Group. But, no reply was Hied. As the allegation of ploughing back the unaccounted cash in various group companies from bogus and non-existant Kolkata, Muzzafnagar and delhi based companies in the form of unsecured loans has been proved by conducting the spot investigation too. 2,3. The hard disks found from the office premises of Apple Group at B-16, Sector-2, Noida on 11:11.2014....
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....ompany is engaged in making bogus sale/purchase transaction with Apple group of companies, Annexurc LP-21 and LP-22 found from the prewmises No B-16, Sec-2, Noida contain !c ' issued to the parties but no compliance was made. 2.6 Consequent upon the search, survey u/s 133A of the IT Act was conducted at business premise T-.1. &3, 3rd Floor, Anupam Plaza, ITT Crossing, Hauzkhas, Delhi-16 & No.43 Balaji Nilaya, Opposite Police Quarter, Raghavendra Colony, 1st stage, Bellalry- 583101 The cases of this group are interconnected and required deep investigation to arrive at a logical conclusion. As such for taking a logical conclusion in this group of cases, every single seized document and entry appearing in the seized documents....
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....tion 292BB of the Act, if the assessee had participated in the proceedings, by way of legal fiction, notice would be deemed to be valid even if there be infractions as detailed in said Section. The scope of the provision is to make service of notice having certain infirmities to be proper and valid if there was requisite participation on part of the assessee. It is, however, to be noted that the Section does not save complete absence of notice. For Section 292BB to apply, the notice must have emanated from the department. It is only the infirmities in the manner of service of notice that the Section seeks to cure. The Section is not intended to cure complete absence of notice itself." 7. The ld. DR strongly supported the findings of the ....