9911796707
TMI Blog2015 (12) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... that notice had been duly served upon the assessee. The assessee received the Show Cause Notice u/s. 271(1)(b) of the Income Tax Act, 1961 dated 18.06.2008. Thus, the Assessment order under Section 144 of the Income Tax Act, 1961 is proper. As relates to addition made on account of cash deposited in bank, additional evidence should have been allowed by the Ld. CIT(A) after giving opportunity to the Assessing Officer under Rule 46A(3) of the Income Tax Rules, 1962. Though the AR submitted that there was more than 8 months given to the Assessing Officer to send his remand report, in the interest of justice it will be proper to give time to look into the specific books of accounts including inter alia cash book of the assessee and fresh op ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. CIT (MP) 152 CTR 311). 4. On the facts and circumstances of the case, the Ld. CIT(A) had erred that the notice u/s 142(1) sent by A.O was unserved and assessment completed u/s 144 without valid service of notice u/s 142(1) of the I.T Act 1961 hence the assessment is bad in law and void ab initio which is liable to be quashed. 3. The facts of the case are the assessee is engaged in the business of sale/purchase of mobile phones. The assessee filed his return of income for the assessment year 2005-06 on 31/10/2005 declaring income of ₹ 93,749/-. The assessee in his return showed his address as 8/23, 3rd Floor, West Patel Nagar, New Delhi 110008. On the basis of information received from the office of Chief Commissioner o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de an application for admission of additional evidence under Rule 46A of the Income Tax Rule 1962. The Assessing Officer vide its letter dated 12/7/2010 submitted that the case of the abovementioned assessee has already been transferred to Ward 31(4), New Delhi vide office letter dated 23/8/2010 issued to A.O Ward 31(4), New Delhi. The Ld. CIT(A) asked Assessing Officer s comments on the matter. The report of the Assessing Officer was received on 15/2/2011, the same was taken on record by the Ld. CIT(A). The assessee furnished its rejoinder vide his letter on 1/3/2011 placed on record. It was observed by the Ld. CIT(A) that in the report the Assessing Officer basically reiterated the observation made in the assessment order. The Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id not deny that the address was that of the assessee. The information received from the office of Chief Commissioner of Income Tax, Delhi to the Office of the Additional Commissioner of Income Tax (Co-ordination) that as per the information collected by the CIT (CIB), the assessee made cash deposit of ₹ 38,64,940/- in UTI Bank Ltd. While making the cash deposits, assessee had not furnished its PAN, therefore, it was not known as to whether the assessee furnished his return of income or not. Since the amount of deposits made during the financial year 2004-05 relevant to Assessment Year 2005-06 excess the maximum amount not chargeable to tax, therefore, notice u/s 142 (1) dated 5/11/2007 was issued to the assessee vide speed post to di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and the same was also not received back undelivered. Since the notices were not received back unserved within thirty days of its issuance, there would be presumption under the law that notice had been duly served upon the assessee. The assessee received the Show Cause Notice u/s. 271(1)(b) of the Income Tax Act, 1961 dated 18.06.2008 and the same is annexed at page 35 of the paper book filed by the assessee. Thus, the Assessment order under Section 144 of the Income Tax Act, 1961 is proper. As relates to addition made to the extent of 37,10,343/- on account of cash deposited in bank, additional evidence should have been allowed by the Ld. CIT(A) after giving opportunity to the Assessing Officer under Rule 46A(3) of the Income Tax Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X
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