TaxTMI 
TaxTMI 
2024 (11) TMI 767
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....as selected for scrutiny through CASS. Notices under section 143(2) and 142 (1) of the Income-tax Act, 1961 (for short 'the Act') along with questionnaire were issued and served on the assessee. In response, ld. AR of the assessee attended and submitted relevant information as called for. After considering the submissions of the assessee, the assessment was completed by accepting the returned income of the assessee. 3. The issue under consideration is relating to rectification application filed by the assessee u/s 154 of the Act. The relevant facts relating to the above are, the assessee has revised its return of income on 26.04.2014. The assessee was a partner in firm, M/s M3M India Holdings which was liable to tax audit under section....
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.... grounds of appeal :- "1. That the Ld. Assessing Officer's & Worthy CIT (A) order are contrary to law and facts of the case. 2. That the learned CIT (Appeals) has erred in law and facts of the case in upholding the order of the Ld. A.O. rejecting the rectification application so filled by the assessee under section 154 of the Income Tax Act,1961 2.1 That the Ld. CIT(Appeals) has erred in law in adjudicating the case ex-parte without appreciating that the Ld. A.O. had disposed the letter cum application u/s 154 of the Act dated without cogent reasons thus making the order bad in law. 2.2 Ld. CIT(Appeals) had erred in law and facts in adjudicating the case ex-parte without appreciating the fact that no adverse inference was a take....
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....mand. 5. That the Ld. CIT(Appeals) erred on the law and facts in upholding the actions of Ld. A.O. in recovery of the impugned demand which had been created suo-motto without even passing an order u/s 154 of the Act or even providing opportunity of being heard to the assessee. 6 That the Ld. CIT(Appeal) violated the principles of natural justice in not affording a reasonable opportunity of being heard to the assessee especially in the times of COVID 19 pandemic and proceeded ahead to dispose of the appeal ex-parte. 7 The appellant craves leave to add to or amend the aforesaid grounds before disposal of the appeal. Prayer : It is therefore prayed that, impugned order passed by the Ld. CIT(Appeals) u/s 250(6) of the Act dated 31.03.20....
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....eparing the intimation u/s 139(1) of the Act for the firm liable for tax audit had accepted the due date as 31.10.2013, whereas the same ld. CPC while framing the intimation u/s 143(1) of the Act in the hands of the assessee had considered that due date of the assessee as on 05.08.2013 (ignoring the fact that assessee is a partner in a firm which is liable for tax audit) and charged interest u/s 234A of the Act on the premise that assessee is a partner in a firm not liable u/s 44AB of the Act. As per provisions of section 139(1) of the Act, the due date for the partnership firm not liable for tax audit would be 05.08.2013 for the year under consideration end the due date for partnership which is eligible for tax audit would be 31.10.2013. T....