Case Law Details
Deepak Valji Karia Vs ITO (ITAT Mumbai)
ITAT held that assessment order passed u/s. 143(3) of the Act by the Assessing Officer is bad in law and has to be quashed as the Assessing Officer has failed to provide the copies of statements on which he relied on for making assessments and also for not providing cross examination of those persons inspite of specific request made by the assessee. Thus, we quash the assessment orders passed u/s. 143(3) of the Act on this ground.
FULL TEXT OF THE ORDER OF ITAT MUMBAI
1. This appeal is filed by the assessee against order of the Learned Commissioner of Income Tax (Appeals)–26, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 14.08.2020 for the A.Y. 2015-16.
2. The brief facts of the case are, the assessee is an individual deriving income from Partnership Firm, commission and brokerage. The assessee filed his return of income for A.Y.2015-16 on 30.09.2015 declaring total income at ₹.14,76,480/-. The case was selected for complete scrutiny, statutory notices u/s 143(2) and 142(1) were issued and served on the assessee. In response, the AR of the assessee filed the relevant information as called for. A statement u/s 131 of the Act was recorded from the assessee and Shri Dharmendra Karia (brother of the assessee). The assessment was completed u/s 143(3) of the Act on 29.12.2017 determining total income at Rs.13,04,82,190/-.
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