9911796707
TMI Blog2024 (10) TMI 89X X X X Extracts X X X X X X X X Extracts X X X X ..... loan by the Indian Overseas Bank. This aspect was noticed in the order u/s 148A(d), wherein it was concluded that the assessee had failed to substantiate the sources of income for the remaining Rs.23,00,000/-. However, while issuing the impugned assessment order, these aspects were not taken into consideration perhaps on account of non participation by the petitioner. As a result, the total sale consideration was added to the income of the assessee. Notwithstanding the non participation by the assessee, this approach has caused great hardship. The assessee, however, cannot be excused for non participation especially in view of the number of notices that were both uploaded and served by e-mail. In these facts and circumstances, it is just an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the purchase of the property were also annexed. The said reply was rejected on the ground that the assessee had not substantiated sources other than the loan from the Indian Overseas Bank. The assessee did not participate in proceedings pursuant to the notice under Section 148. The impugned assessment order and penalty order were issued in the above facts and circumstances. 2. Learned counsel for the petitioner referred to the request made by the petitioner for permission to purchase the immovable property and to the proceedings of the Commissioner of Municipal Administration granting such permission. He further submits that the petitioner was transferred from his original place of employment and, therefore, was unable to participate in pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee, this approach has caused great hardship. The assessee, however, cannot be excused for non participation especially in view of the number of notices that were both uploaded and served by e-mail. In these facts and circumstances, it is just and appropriate to impose costs on the petitioner. 5. For reasons set out above, impugned assessment order dated 03.06.2024 is set aside subject to the condition that the petitioner pays a sum of Rs.40,000/- as costs to the Adyar Cancer Institute with in fifteen days from the date of receipt of a copy of this order. The petitioner is also permitted to submit a reply to the show cause notice within the said period. In order to enable the petitioner to upload the reply, the respondents are directed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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