TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 27
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....other assessment order u/s 147 r.w.s 144B on dated 06/03/2023 by which the return income of assessee has been accepted. Therefore, the impugned assessment become null. 3. The assessee deserves right to amend, alter, delete and modify any ground of appeal on or before the date of hearing of appeal." 3. Succinctly, the fact as culled out from the records is that the assessee has filed return of income on 03/07/2018 declaring total income of Rs. 7,72,670/-. The same was processed u/s 143(1) of the I.T. Act, 1961. On verification of data, ld. AO revealed that the assessee received Commission of Rs. 16,33,400/- during the F.Y. 2017-18 relevant to A.Y. 2018-19 from the company M/s Future Maker Life Care Pvt. Ltd. Further on verification of Income Tax Return filed by the assessee, for the year under consideration, it is seen that the assessee has not shown any Commission income for the A.Y. 2018-19 to that extent. In view of these facts, case of the assessee was re-opened for scrutiny after obtaining prior approval from Addl. Commissioner of Income Tax, Jaipur. Accordingly Notice u/s 148 of the I. T. Act was issued to the assessee on 14/08/2019 which was served on the assessee by e-m....
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....ate proceedings the appellant was offered several opportunities of being heard from time to time at regular intervals requesting him to make submissions in support of aforementioned grounds duly supported by relevant details/evidences/etc. But, as elaborated in the earlier part of this order there has been absolutely no compliance from the appellant. In fact this is a clear case of total NO COMPLIANCE from the appellant. In other words, it is clearly, forthcoming that the appellant during the present appellate proceedings has not oven argued with any cogent arguments/averments/contentions with supporting relevant details to controvert the observations/findings of the Ld. AO and to negate the conclusions drawn therefrom by the Ld. AO in the impugned order. (c) At the cost of repetition, it is reiterated that there has been no compliance from the appellant to the multiple opportunities offered to him during the course of the present appellate proceedings and apart from GoA/SoF, there is no other material available on record to decipher the contentions/submissions of the appellant in the present appeal. Thus, based on the limited details available on the record, the probable content....
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....o the best of my judgment, on the basis of the information available on record. 5. On verification of AIR data, assessee has received Com1933100-during the FY 2017-18 relevant to AV. 2018-19 from the company Future Make Care Pvt. Ltd on which TDS of Rs. 81.870. Further on verification of Income Tax Rum fled by the assessee for the year under consideration, it is seen from the Income Tax Return, that the assessee has not shown any commission income for the AY 2018-19. Therefore, Commission received by the assessee of Rs. 16,33,400/- is added to the total income of the assessee. Penalty proceedings is 270A are initiated separately for under reporting of the Income by the assessee. During the course of the present appellate proceedings the appellant has NOT adduced any evidences supporting reason's for such non-compliance during the course of the subject assessment proceedings. Thus, it is evident that the assessment had squarely failed to discharge this onus statutorily cast upon him in this regard. The position has not improved even during the present appellate proceedings as the appellant has merely submitted that such commission of Rs. 1633400/- had already been taken into....
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....ent year. * In the said order dated 06/03/2023, the returned income of the assessee as filed originally has been accepted and no addition has been made. (Order Enclosed herewith) * As a result, the impugned assessment order dated 17/09/2021 has been rendered infructuous and stands impliedly quashed. Legal Submissions: * Once a fresh assessment is framed for the same assessment year under the same provision (i.e., u/s 147 r.w.s. 144B), the earlier assessment ceases to survive and becomes non-est in the eyes of law. * The Hon'ble Supreme Court and various High Courts have consistently held that if a subsequent valid order is passed for the same assessment year, then any earlier order passed under the same section is deemed to be superseded. Prayer: In light of the above facts and submissions, it is most humbly prayed that the appeal may kindly be allowed and the impugned assessment order dated 17/09/2021 be held to have been rendered non est and infructuous in view of the subsequent order dated 06/03/2023 accepting the returned income. 6. The ld. AR of the assessee in addition to the above written submission so filed vehemently argued that the case of the assessee for ....
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....nformation was received from the Insight Portal. As per information with received from DDIT(Inv), Rohtak regarding that assessee has received commission of Rs 22,70,870/- from the Ponzi Scheme run by Future Maker Lafe Care Private Limited, which is not shown, received from the Ponzi Scheme run by Future Maker Life Care Private Limited, in his return of income, hence the amount of commission received remains unverifiable. Therefore, a show cause was issued to the assessee, as to why the total transaction amount of Rs. 22,70,870/- shall not be treated as income chargeable to tax which has escaped the assessment within the meaning of provision of section 147 of the IT Act, 1961 for the assessment year 2018 19. In response to notice, the assessee has written reply stating that the case has been selected into scrutiny and this issue has been discussed. The AO perused the assessment order and find that the issue, in question, regarding undisclosed receipt of commission of Rs. 22.70.870/- has not been discussed in assessment order. Hence it is a new information. Therefore the contention of the assessee is not acceptable So notice u/s 148 was issued to the assessee on 31.03.2022 on the bas....
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....come was accepted by the ld. AO. The relevant finding of the ld. AO on the second notice issued by the revenue reads as under: 1. In the case of the assessee Sh. Prashant Singh, PAN: ANVPS3091B, a notice under section 148 of the Income-tax Act, 1961 has been issued on 31-03-2022 for the assessment year 2018-19 alongwith order under section 148A(d) of the Income-tax Act, 1961 and the assessee has been required to file the return of income for the assessment year 2018-19. The assessee filed electronically the return of income for the assessment year 2018-19 on 18-04-2022 declaring income of Rs. 7,72,670/- in Form No. ITR-3. Notice under section 143(2) and 142(1) of the Income-tax Act, 1961 has been issued to the assessee on 26-09-2022 alongwith questionnaire. In response to these notices, the assessee filed written reply alongwith the documents received on 18-10-2022 through eproceedings. The reply as well as the documents filed by the assessee has been gone through carefully vis-à-vis the information on the basis of which the notice under section 148 of the Income-tax Act, 1961 has been issued to the assessee and income returned by the assessee at Rs. 7,72,670/- is accepted....