Marri Usha Vs ACIT (ITAT Hyderabad Bench)
Signed in March but Sent in April: Notice u/s 148 Misses the Limitation Train & ₹50-Lakh Property Addition Gets Quashed
Property Purchased Below Stamp-Duty Value
The assessee was an individual & non-resident residing in the USA. She purchased a plot situated at Shankar Hills Colony, Vattinagulappaly Village, Ranga Reddy District, Telangana, through a registered sale deed dated 07.01.2016.
The consideration stated in the sale deed was ₹20 lakh, whereas the property’s value adopted for stamp-duty purposes was ₹70 lakh. The assessee had not filed her return of income for AY 2017-18.
Based on information received from the Investigation & Criminal Investigation Wing, the assessment was reopened u/s 147. The Department claimed that notice u/s 148 dated 29.03.2021 had been issued & served upon the assessee.
Assessee Denies Receipt of Reopening Notice
Subsequently, notice u/s 142(1) dated 29.11.2022 was sent to the assessee’s email address. In her reply dated 10.02.2023, the assessee specifically stated that she had never received the alleged notice u/s 148, either physically or through email.
She further pointed out that the notice was not available on the income-tax portal & requested the AO to furnish its copy. Despite this request, the AO did not provide the alleged reopening notice.
