2025 (3) TMI 653

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 018 (6) TMI 1472 - CALCUTTA HIGH COURT] wherein it has been held that assessment framed without issuing notice u/s 143(2) was legally unstainable and same could not be justified by invoking the provisions of section 292BB of the Act. The appeal of the assessee is accordingly allowed on legal issue.
Shri Rajesh Kumar, AM And Shri Pradip Kumar Choubey, JM For the Assessee : Shri Somnath Ghosh, AR For the Revenue : Shri Subhro Das, DR ORDER PER RAJESH KUMAR, AM: This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the "Ld. CIT(A)"] dated 30.11.2023 for the AY 2017-18. 02. At the time of hearing, the ld. Counsel for the assessee pressed the issue raised .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 8377; 2,93,80,846/- in the assessment framed u/s 147 read with section 144B of the Act dated 27.03.2022. 04. In the appellate proceedings, the ld. CIT (A) dismissed the appeal of the assessee when the assessee failed to file any written submission/ documents in support of the grounds of appeal. 05. The ld. AR vehemently argued that the case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act on 24.03.2021, directing the assessee to file the return of income within 30 days, which expired on 23.04.2021. The ld. AR submitted that this was a Covid Period and in view of the order of the Hon'ble Supreme Court in the case of Miscellaneous Application No.665 of 2021 in SMW(c) No. 3 of 2020, the period of limit .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... issed on this ground. 07. After hearing the rival contentions and perusing the materials available on record, we find that the case of the assessee was reopened u/s 147 of the Act by issuing notice u/s 148 of the Act on 24.03.2021, directing the assessee to file the return within 30 days which expired on 23.04.2021. The assessee has filed the return of income on 01.03.2022, which has not been treated as invalid by the ld. AO. Further while framing the assessment, in the computation portion on page no.6, the income, while assessing the income as per return filed u/s 148 of the Act, was taken at ₹ 3,92,650/- and after making an addition of ₹ 2,89,97,000/- qua cash deposited in the current account and ₹ 1,196/- in respect of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X