TaxTMI 
TaxTMI 
2025 (3) TMI 1593
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....aceless Assessment Centre (NFAC) erred in having assumed jurisdiction u/s 151A r.w.s. 144B of the I.T. Act, 1961 from 09/02/2022 when they were not empowered under any Notification about the applicability of the faceless scheme for making assessment in faceless manner prior to 29.03.2022" 03. The ld. Counsel for the assessee vehemently submitted before us that the provisions of Section 151A of the Act came on the statute book on 01.11.2020 and the same was notified on 29.03.2022, vide notification no.18/2022 on the e-Assessment of Income Escaping Assessment Scheme, 2022. The ld. AR submitted that in the instant case the migration of assessment proceedings for A.Y. 2015-16 was communicated to the assessee vide issue of notice u/s 142(1) of the Act dated 09.02.022 under DIN: ITBA/AST/F/142(1)/2021- 22/1039573181(1). The ld. AR submitted that this notice was followed by SCN dated 17.03.2022 under DIN:ITBA/AST/F/147(SCN)2021- 22/1040949460(1). The ld. AR therefore submitted that it is evident from the above that assumption of jurisdiction to the impugned assessment under faceless assessment scheme was all prior to 29.03.2022, when the provisions of Sec. 151A of the Act had not come ....
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....the prior approval of the PCIT. Notice u/s 148 of the Act was issued on 31.03.2021 and was served through email requiring the assessee to file the return of income within 30 days. In compliance,the assessee filed the return of income on 28.04.2021, declaring total income of Rs. 2,25,800/-. Finally, the addition of Rs. 21,06,182/- was made to the income of the assessee on account of unexplained credit in the books of account as discussed by the ld. AO in Para 5 in the assessment framed u/s 147 read with section 144B of the Act dated 23.03.2022. 07. In the appellate proceedings, the ld. CIT (A) dismissed the appeal in limine by not condoning the delay of 183 days for which the assessee filed the affidavit before us explaining the delay, the reasons for the delay in filing of the appeal. 08. The ld. Counsel for the assessee vehemently submitted before us that the assessment framed by the ld. AO u/s 147 read with section 144B of the Act dated 23.03.2022, is without jurisdiction and required to be quashed. The ld. AR submitted that the notice u/s 142(1) of the Act dated 09.02.2022, was issued by National faceless assessment centre, Delhi under DIN No. DIN: ITBA/AST/F/142(1)/2021- ....
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....isdiction. The provision of Section 151A of the Act were brought on the statute book with effect from 01.11.2020. However, the same were made effective and applicable with effect from 29.03.2022 vide notification no. when the CBDT notified the new scheme for assessment of income escaping assessment scheme, 2022. In our considered view the assessment framed is without jurisdiction and cannot be sustained. The case of the assessee find force from the decision of Nabiul Industrial Metal Pvt. Ltd., Paschim Medinipur VS. I.T.O., in ITA no. 1328/KOL/2024 for A.Y. 2017-18, the order dated 15.10.2024, wherein a similar issue has been decided in favor of the assessee. For the sake of ready reference, the notice issued u/s 142(1) dated 09.02.2022 and show cause notice dated 17.03.2022, are extracted below:- 012. Considering the above facts and legal position, we are of the considered opinion that the order passed by the NFAC, Delhi is without jurisdiction and is hereby quashed. The appeal of the assessee is allowed. 013. The additional ground raised in ITA No. 2230/Kol/2024 A.Y. 2017-18 is similar to one as decided by us in ITA No. 2229/Kol/2024 A.Y. 2015-16. Therefore, our decision wo....
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....levant to AY 2015-16, that the assessee had aggregated credit turnover is Rs. 16.99 lacs and debit turnover is 16.99 lacs during the period 01.04.2014 to 31.03.2015 in the bank accounted maintained in Bank of Baroda bearing a/c no. 39920100006975. Prima facie there was reason to believe that the assessee had total credit/deposit in bank account during the FY 2014-15 relevant to AY 2015-16 is Rs. 38,65,557/-, which has escaped assessment within the meaning of section 147 of the Act. Assessment proceedings u/s 147 were initiated after recording reasons and seeking prior approval of Pr. Commissioner of Income-tax. Accordingly, statutory notice U/s 148 of the Act was issued & sent to the assessee by DIN & Document No. ITBA/AST/S/148/2020-21/1032066973(1) dated 31.03.2021 through E-mail requiring the assessee to file his Income Tax Return for the A.Y 2015-16 within 30 days of service of the said notice. In compliance of notice u/s 148, the assessee filed her return of income vide acknowledgement No. 345878730280421 dated 28.04.2021 declaring an income of Rs. 2,25,800/ -. During the year under consideration the assessee earned income under the Head Income from Business and Income from ot....
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....respond and to furnish the required information. Further, while scrutinizing the case it would be of great importance to have an idea about assessee's intention behind the non co-operation. The immediate idea that can be formed is that the assessee might have taken it beneficial to evade the proceedings rather than to co-operate in furnishing the information to avoid further investigation in the matter. Therefore, in the absence of relevant reply from the assessee, the matter is being decided as per the record available. 5. After pursing the reply of the assessee and the return of the income filed u/s 148 that the assessee is driving income from the business and income from other sources. After considering the reply of the assessee, the reply is not found tenable because the assessee has not produced proper books of account coupled with non-production of documentary evidence of contract business. Hence, cash deposited in Bank of Baroda bearing a/c no. 39920100006975 amounting to Rs. 16,96,682/- and in State Bank of India bearing A/c No. 31561107456 amounting to Rs. 4,09,500/- totaling to Rs. 21.06,182/- is treated as unexplained credit entries in book of the assessee and accordi....