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APPEAL AGAINST DEMAND ORDER U/S 156, Income Tax

Issue Id: - 113397
Dated: 10-2-2018
By:- Jagdish Sharma

APPEAL AGAINST DEMAND ORDER U/S 156


  • Contents

Assessee being an agriculturist sold a part of his agricultural land for ₹ 52,50,000/- in FY 2009-10 and deposited whole amount in his bank savings account.Then assesse transferred whole amount to his son settled in Canada. Assessee has no Pan no. and never filed income tax return .Therefore peak credit of bank account ₹ 53,52,151 assessed as unexplained credit u/s 69A .The department served various notices to Assessee but assessee himself also settled in Canada and no one can appear before tax authorirties.Now a month before assessee come to know about the Assessment order u/s 144 read with section 147 of IT Act.

Query 1. How to file appeal before CIT of Non Pan based assessee ?

Query 2. What grounds of appeal we should make to break this demand order?

Query 3. Any further expert opinion from your valuable experience in such cases ?

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1 Dated: 21-2-2018
By:- MARIAPPAN GOVINDARAJAN

The assessee may calculate the income tax for each year and if any tax is payable the same may be paid with interest. Then appeal may be filed against the order. Delay condonation petition may also be filed with the Appellate Authority explaining the residing at Canada and came to know the assessment at the latter stage.


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