2025 (3) TMI 2223

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....usinessmen filed its return of income for AY 2015-16 on 06.09.2015 declaring total income Nil by claiming deduction u/s VI(A). The return was processed and regular assessment in this case had already been completed on returned income on 13.12.2016. Later on, on the basis of information received from DDIT (Inv), Wing-Mumbai, proceedings u/s 147(1) initiated. A notice u/s 148 of the Act dated 31.03.2021 was also issued. The AO assessed the total income at Rs. 1,34,75,475/-. 3. Aggrieved by the said assessment order, the assessee preferred an appeal before the Ld. CIT(A) wherein the appeal of the assessee has been dismissed. Being aggrieved and dissatisfied the assessee preferred an appeal before us. 4. The Ld. A.R challenges the very....

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.... "2.4. We have carefully considered the rival contentions and also examined the documents placed before us, specially the screenshots from the ITBA Portal. It is seen that this case is squarely covered in favour of the assessee through the case of M/s. Osian Stock Broking Pvt. Ltd. (supra). The relevant portions from the said order are extracted as under: "4. We have heard the rival contentions and gone through the records. The notice in this case has been shown to be signed on 30.09.2015, however, the same was emailed to the assessee on 03.11.2015. The Hon'ble Jurisdictional Calcutta High Court in the case of Marudhar Vintrade Pvt. Ltd. vs. Union of India & Ors. ' (supra) considering the facts that the notice u/s 148 of the Act....

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....Jai Shiv Shankar Traders Pvt. Ltd. IT Appeal No.1068 of 2013 dated 18.02.2015; Hon'ble Madras High Court in the case of Sapthagiri Finance & Investment vs. ITO reported in (2013) 90 DTR (Mad) 289); Hon'ble Delhi High Court in the case of DIT vs. Society for Worldwide Interbank Financial Telecommunications reported in (2010) 323 ITR 249 (Del); Hon'ble Allahabad High Court in the case of CIT vs. Solarpur Cold Storage P Ltd (2014) 50 Taxmann.com 105 (All); Hon'ble Allahabad High Court in the case of CIT vs. Rajeev Sharma reported in [2011] 336 ITR 678 (All.). Since the Assessing Officer did not issue notice u/s 143(2) of the Act within the specified time period, therefore, the Assessing Officer could not have assumed jurisdiction to frame the ....

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....्वदेश वर्ती कोष मूलो दण्ड INCOME TAX DEPARTMENT KUMAR RAKESH RANJAN DC/AC CIRCLE 1,MUZF. (In case the document is digitaly signed please refer Digital Signature at the bottom of the page) Document 2 Notice/ Communication Reference ID : 100041183255 Description : JITBABissue Letter Issued On : 10-Dec-2021 Sont Response Notice w/s ITBA/AST/F/17/2021- 22/1037690868(1) Notice/Letter Pet Document reference ID Notice/ Communication Reference ID : 100039836927 Description : |ITBA)Notice u/'s 143(2)of Income Tax Act 1961. Subest Response 143(2) Notice u/s ITBA/AST/F/143(2)_4/2 021-22/1....