9911796707
TMI Blog2023 (9) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 143(3) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') dated 24.11.2016. The assessee has raised the following ground of appeal:- "1. On the facts and in the circumstances of the case as well in law, the learned CIT(Appeals) has erred in confirming the AO's action making addition of Rs. 4,43,366/- u/s 56(2)(vii) of the Act on account of the alleged income under the head "Income from other sources" being under gross misconception, misconstruction and misapplication of the provisions of the law, is without jurisdiction, bad in law, illegal, invalid, arbitrary, void ab initio, and hence, liable to be quashed. 2. On the facts and in the circumstances of the case as well in law, both the lower authorities have gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... postal authorities only on 19.11.2016, copy of the notice with envelope is filed on record. The ld AR submits that the said show cause notice was served only on 02.12.2016 as recorded by receipt on the said notice. The ld AR for the assessee submits that before Ld. CIT(A), the assessee raised specific objection about not serving such notice in time, in his submission filed on 12.01.2021, however, the ld. CIT(A) has not considered such fact and conveniently ignored such facts without making any comment. The ld AR for the assessee invited my attention to the submissions of assessee, as recorded by ld CIT(A) in para-4 of his order, where all such submissions of the assessee are recorded. The Ld. AR for the assessee further submits that during ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income of Rs. 4,16,500/-. The case was selected for scrutiny. During assessment, the Assessing Officer noted that assessee has purchased a land at Moje: Mahuver, Survey No. 89, Block No.230, Jalalpore, Dist. Navsari along with a co-owner for a consideration of Rs. 2.00 lakh. The assessee was having ½ share thus, paid Rs. 1,00,000/-. The assessee also purchased one more land at Block No.359/1, Moje: Sandalpore, Tal: Jalalpore, Dist. Navsari for a consideration of Rs. 8.50 lakh along with two co-owners and assessee's share in this deal 1/3 share thereby paid Rs. 2.80 lakh. The assessee was asked to furnish copy of sale deed of the land in question. The assessee vide reply dated 24.10.2016 furnished copy of purchase deed. On perusal of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing dissatisfied with the addition in the assessment order, the assessee filed appeal before Ld. CIT(A). Before NFAC/Ld. CIT(A) assessee specifically submitted that Assessing Officer failed to serve any show cause notice before passing assessment order. The Assessing Officer violated the principle of natural justice. 6. The assessee in his without prejudice submissions also objected about the addition made by Assessing Officer submitted that the assessee has actually paid the consideration more than the consideration shown on the sale deed. The jantri value is fixed for the purpose of levy of stamp duty on the transaction of land. It can never be presumed that assessee paid inadequate consideration from his "income from other sources" as h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me up to 22.11.2016 to files his reply, but not reply is filed by the assessee. And according the Assessing Officer made addition of Rs. 4,43,366/- in the assessment order. At the time of making submissions, the ld AR for the assessee has shown copy of show cause notice 15.112016, which was sent through Speed Post was despatched only on 19.11.2016 and it was received on 02.12.2016. thus, the said show cause notice was served after passing of the assessment order. Further I find that before Ld. CIT(A) assessee made specific submission that assessment order was passed without giving opportunity to file reply in respect of show cause notice dated 15.11.2016, which was received by assessee after passing assessment order. The Ld. CIT(A) despite ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
