TaxTMI 
TaxTMI 
2026 (1) TMI 459
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....d the following grounds of appeal: 1. The orders of the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidence, probabilities, facts and circumstances of the case. 2. The learned CIT(A) erred in sustaining the impugned order of assessment passed on 27.2.2015 without service of a valid notice u/s 143(2) of the Act and therefore, the assessment framed ought to have been cancelled under the facts and circumstances of the appellant's case. 3. For the above and other grounds that may be urged at the time of hearing of the appeal, your appellant humbly prays that the appeal may be allowed and justice rendered and the appellant may be awarded costs in prosecuting the ....
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....t as verified from the AIR information, the assessee had deposited cash amounting to Rs. 1,10,69,000/- during the financial year 2009-10, however, the assessee had not filed his return of income for the assessment year 2010-11. As the income chargeable to tax had escaped assessment, a notice u/s 148 of the Act was issued on 20.2.2014 which is duly served on the assessee on 22.02.2014. Thereafter, notices u/s 142(1) of the Act were issued on different dates, however the assessee did not respond to any of the notices. During the course of assessment proceedings, the assessee filed his return of income on 7.1.2015 declaring total income of Rs. 4,37,000/- i.e. after a gap of more than 9 months from the due date of filing the return (more than 1....
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....Rs.7,10,76,399/- 6. Aggrieved by the assessment order passed u/s 144 r.w.s. 147 of the Act dated 27.2.2015, the assessee preferred an appeal before the ld. CIT(A)-15, Bengaluru. 7. Before the ld. CIT(A)-15, Bengaluru, the assessee contended that the AO had passed the order without considering the details and submissions made in contravention of the principles of natural justice. Further, the assessee also contended that the assessee did not receive any notice u/s 143(2) of the Act claimed to be issued by the AO. 7.1 The Ld. CIT(A) noticed that the appeal filed by the assessee is against the order u/s 144 of the Act and therefore, in the interest of justice and fair play as well as in view of the amendment to section 251(1)(a) of th....
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.... rival submissions and perused the materials available on record. It is an undisputed fact that the notice u/s 148 of the Act was issued on 20.2.2014 directing the assessee to file his return of income before the expiry of 30 days from the date of service of notice u/s 148 of the Act. It is also an undisputed fact that the assessee almost after a gap of more than 9 months from the due date of filing the return had filed the return on 7.1.2015 declaring total income of Rs. 4,37,000/-. On going through the order of assessment, we also take a note of the fact that in paragraph 8 of the assessment order, the AO has categorically stated to have issued notice u/s 143(2) of the Act on the same day of filing the return i.e. on 7.1.2015 by posting t....
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....e prescribed period of time is a pre-requisite for framing the reassessment once the return has been filed by the assessee. 11.2 We also make it clear that during the assessment year in appeal, there was also no such provision under the Act that if the assessee furnished any return as required u/s 148 of the Act, beyond the period allowed, then said return shall not be deemed to be a return u/s 139 of the Act. In fact, the third proviso to section 148 of the Act was only introduced by the Finance Act, 2023 w.e.f. 1.4.2023, which are reproduced below: "[Provided also that any return of income, required to be furnished by an assessee under this section and furnished beyond the period allowed shall not be deemed to be a return u/s ....