2025 (1) TMI 1666

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....tive and argumentative in nature. 2. In brief the grievance of the assessee revolves around two issues, namely ; a) The ld. CIT(A) has erred in confirming the action of AO vide which assessment was reopened by issuance of a notice under Section 148 of the Income Tax Act. It is pertinent to submit that notice under Section 148 was not properly served upon the address of the assessee who happens to be a NRI. b) The ld. CIT(A) has erred in confirming the addition of Rs. 1,62,28,000/- with the aid of Section 69 of the Income Tax Act. 3. The brief facts of the case are that assessee did not file return of income. It came to the notice of AO that assessee has purchased two pieces of land namely; 15 Kanal 11 &frac1....

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....ime limit provided under the Section but in case no return has been filed by the assessee, then straight away assessment machinery is set to be in motion by issuance of a notice under Section 142(1). The assessee was directed to explain the source of investment which according to the AO, not explained by the assessee because he has framed an ex-parte assessment order and he made the addition of Rs. 1,62,28,000/- as unexplained income of the assessee under Section 69 of the Income Tax Act. This assessment order was passed on 12.12.2018 under Section 144 read with Section 147 of the Income Tax Act. 5. Dissatisfied with the assessment order, the assessee carried the matter in appeal before the CIT(A). It was contended by the assessee that h....

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....ld. Counsel for the assessee. The more specific reason is that not only this notice was sent on the last date i.e. 30.03.2018 but in 2017 also, AO has been sending the letters for making an enquiry about the transaction but nothing was replied by the assessee nor he was apprised by his neighbour or relatives about such enquiries. 8. So far as the addition of Rs. 1,62,28,000/- is concerned, we find that assessee has filed copies of the Sale Deed and thereafter photo copies of certain cheques which have been issued from the NRI Account with Axis Bank. After looking to the evidence submitted by the assessee, we deem it appropriate to set aside both the orders and restore this issue to the AO for fresh adjudication because if assessee has su....