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TMI Blog2024 (11) TMI 1032X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Constitution. This Writ Petition challenging the impugned order is rejected. The petitioner is at liberty to file an appeal, if any appeal is filed within a period of 3 weeks from the date of receipt of copy of this order, the same shall be entertained without reference to limitation, subject to complying with other conditions relating to appeal including pre-deposit if any. It is made clear that have not examined the merits and the observation is only for the limited purpose of examining whether the writ petition ought to be entertained or otherwise. - Honourable Mr. Justice Mohammed Shaffiq For the Petitioner : Mr.N.C.Rajah Senior Counsel For Mr.K.Anbuchelvam For the Respondent : Mr.N.Dilip Kumar Senior Standing Counsel ORDER This Writ Petition is filed challenging the impugned order of assessment under Section 147 read with 144-B of the Income Tax Act, 1961, (hereinafter referred to as the Act ) vide DIN No: ITBA/AST/S/147/2024-25/1064887233(1) dated 15.05.2024 and the consequent demand notice passed by the respondent under Section 156 of the Act, vide DIN Notice No.:ITBA/AST/S/156/2024-25/1064887374(1) dated 15.05.2024 and Penalty Notices issued under Sections 271(1)(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he vendor by obtaining home loan from ICICI Bank Limited to the extent of Rs. 1,20,00,000/-, while the remaining amount of Rs. 37,00,000/- was paid by the petitioner's non resident Indian husband out of his earnings from consultancy assignments in Muscat during the assessment year 2016-2017. 4.2. That a notice dated 03.03.2023 under Section 148 A(b) of the Act was sent through ordinary post to her residential address at Karaikudi. The petitioner would submit that it has been more than 15 years since they moved to Chennai. The said notice was received by the petitioner only on 30.06.2023 through her relative. However, by the time, the petitioner received the notice, order under Section 148-A(d) of the Act was passed vide proceedings dated 31.03.2023 for issuance of notice under Section 148 of the Act. Pursuant thereto, a notice under Section 148 of the Act dated 31.03.2023 also came to be issued for the assessment year 2016-2017 and the same was followed by an intimation dated 29.06.2023, wherein the petitioner was informed that the petitioner's case was selected for the purpose of faceless assessment. 4.3. It is submitted that service of notice in the old place of address i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, while clarifying that the additional information that was sought for vide notice dated 25.04.2024 is required to verify the genuineness of purchase of immovable property and the income declared in the return of income in response to the notice under Section 148 of the Act. The petitioner once again responded vide letter dated 02.05.2024 by reiterating that there is a direction of this Court to consider the points raised by the petitioner vide her reply dated 22.07.2023, while assuring to submit the documents required to substantiate her reply dated 22.07.2023 and 26.07.2023. 4.6. The respondent thereafter issued another show cause notice dated 06.05.2024, wherein the following variations were proposed to be made and the petitioner was called upon to submit her objection viz., a) Investment in immovable property to the extent of Rs. 37,00,000/- was treated as unexplained investment under Section 69 of the Act. b) Credit in Bank account to the extent of Rs. 81,03,175/-, out of which, the assessee has only declared a sum of Rs. 5049/- received as income and a sum of Rs. 16,80,000/- was explained as having been used for investment in immovable property, which has already been subj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inter alia reiterating that the income earned by the petitioner's husband in Muscat, Oman is not liable to tax and the petitioner was not able to submit the copies of return of income filed in Oman, inasmuch as there is no tax charged in Oman. The petitioner also furnished the details of landlord agreement to the extent of Rs. 2,88,000 /- and that the Bank statement of the petitioner's husband was also furnished to show how the credit in Bank account to the extent of Rs. 64,18,126/- was received. The impugned order of assessment was thereafter passed on 15.05.2024 confirming all the three proposals viz., SI.No Description Amount (in Rs) 3. Income as per the return of income filed in response to notice u/s 148 of the Act (Adjusted towards current year losses claimed in the Return of Income) 5,049/- 4. Variation on account of addition u/s 69 on account of unexplained investment in immovable property. 37,00,000/- 5. Variation on account of addition u/s69A on account of unexplained credits in bank account of assessee 64,18,126/- 6. Variation on account of addition u/s 69A on account of repayment of housing loan principal amount and EMI 33,96,647/- a) A perusal of the impugned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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