Case Law Details
Suresh Kumar Sheetlani Vs ITO (Allahabad High Court)
Conclusion: Since Department had correct address of assessee and sending notice for reassessment at incorrect address drawing a presumption of service of notice was rendered assessment proceedings as invalid.
Held: In the instant case, AO issued notice on the ground that assessee had obtained or credited an amount from a company who were providing entries to beneficiaries by showing that the transactions made by them in purchase and sale of shares of certain companies and gifts from certain persons which in fact never took place and found to be bogus, therefore, entire amount received by assessee was added assessee’s income from undisclosed sources. According to assessee, notice was invalid on the ground that notice under section 148 was never served upon him and it was sent on incorrect address. It was held notice under section 148 was not served upon assessee and the same was sent at the wrong address and, therefore, the service of notice could not be deemed to have been effected on assessee. The service of notice under section 148(A) was sine qua non and in absence thereof, assessment proceedings were rendered invalid.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
1. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as “the Act’) has been filed by the assessee against the order dated 17th June, 2011 passed by the Income Tax Appellate Tribunal, Agra Bench, Agra (hereinafter referred to as the “Tribunal”) in ITA No.467/Agra/2009, Assessment Year (hereinafter referred to as “A.Y.”) 1999-2000.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
