9911796707
TMI Blog2021 (10) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... additional ground on merits, namely, that addition u/s. 68 of the I.T. Act amounting to Rs. 17,11,500 is bad in law. 3. The brief facts of the case are as follows: The Assessing Officer had made an addition of Rs. 17,11,500 u/s. 68 of the I.T. Act being cash deposits in saving bank account in the name of the assessee. The relevant observation of the Assessing Officer reads as follows:- "This case is mainly selected for scrutiny to verify the transactions reflected in the AIR information that the assessee has deposited a sum of Rs. 17,11,500/- in cash in a Savings Bank Account. In the absence of any details for verification, the entire cash deposit of Rs. 17,11,500/- is treated as unexplained cash deposit u/s. 68 of the I.T. Act in the h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... information called for by this office nor appeared till date. It is hereby submitted that scrutiny assessment in this case was completed on 28/12/2011 for AY 2009-10 by the ITO, Ward-13{2}, Bengaluru u/s. 144 of the Income Tax Act, 1961 as there was no response from the assessee. The Inspector attached to the ITO, Ward-13 {2}, Bengaluru has also made efforts to serve the letters/notices calling for the details u/s. 142{1} personally at the address provided by the assessee. But. the Inspector also could not serve the same as the assessee was not available at the given address and his where about was not known. However, it is submitted that the notice u/s. 143{2} of the Income Tax Act, 1961 dated 18/08/2010 has been served to the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I have heard rival submissions and perused the material on record. On perusal of the assessment records, it is clear that the assessment order dated 28.12.2011 was dispatched on 29.12.2011. The copy of the demand notice endorsing the despatch date as 29.12.2011 is clearly mentioned. A copy of the cover which dispatched the assessment order and demand notice was returned unserved to Income Tax Office on 02.01.2012 and the same is placed on record. It is the settled position of law that the assessment order is to be issued beyond the control of the Assessing Officer within the period of limitation and the same need not be served on the assessee (refer Hon'ble Karnataka High Court judgments in case of M/s. Maharaja Shopping Complex in ITA ..... X X X X Extracts X X X X X X X X Extracts X X X X
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