2012 (9) TMI 197 - AT - Income Tax

Service of notice issued u/s 148 - assessee contending non-serving of notice - Tribunal earlier remanded back matter to determine whether onus laid upon the revenue as regards the service of notice stands discharged or not - Held that - There is no dispute that the address of the assessee mentioned in the CIT(A) s order as well as in appeal papers filed by the assessee. It is, admitted fact that proper notice u/s. 148 was issued at the correct address of the assessee and was also dispatched through speed post to the assessee. The speed post cover containing the notice u/s. 148 did not return back to the Revenue Department. In terms of section 27 of the General Clauses Act, if a notice is properly addressed and dispatched through registered post, there is a presumption that it has been served upon the assessee. The assessee has not brought any material on record to rebut such presumption. It is, therefore, clear that the notice u/s. 148 was properly issued to the assessee - Decided against assessee

Summary

Issues:
Challenge to the dismissal of appeal regarding service of notice u/s. 148 of the IT Act.

Analysis:
The appeal was filed against the order of the ld. CIT(A) dismissing the appeal of the assessee concerning the service of notice u/s. 148 of the IT Act for the assessment year 1997-98. The matter had previously been before the ITAT, Agra, where the assessee's appeal was allowed for statistical purposes. The Tribunal directed fresh inquiries to be made regarding the service of notice. The assessee denied receiving the notice and filed an affidavit to that effect. The AO affirmed that the notice was issued through speed post and was not returned. The ld. CIT(A) dismissed the appeal, stating that the notice was properly addressed and served on the appellant. The Tribunal noted that the notice was dispatched to the correct address and was not returned, indicating proper service.

The ld. counsel for the assessee argued that no proper enquiry was conducted despite the Tribunal's directions and relied on certain case laws. The ld. DR contended that the notice was correctly issued and served. The Tribunal observed that the notice was sent to the correct address, not returned, and dispatched through speed post. Citing relevant case laws, the Tribunal emphasized the presumption of service when a notice is properly dispatched through registered post. The Tribunal found no merit in the appeal, as sufficient evidence existed to prove the proper issuance and service of the notice, dismissing the appeal of the assessee.

In conclusion, the Tribunal upheld the dismissal of the appeal, confirming that the notice u/s. 148 was properly issued and served on the assessee. The Tribunal relied on legal precedents and the presumption of service when a notice is dispatched correctly. The Tribunal found no grounds to overturn the ld. CIT(A)'s decision, emphasizing the importance of proper addressing and dispatch of notices in tax matters. The appeal of the assessee was consequently dismissed.

This detailed analysis highlights the procedural history, arguments presented, legal interpretations, and the final decision of the Tribunal regarding the service of notice u/s. 148 of the IT Act in the assessed case.