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Only Email Notice Invalid if Physical Mode Chosen in Form 35: ITAT Ahmedabad

Case Law Details

TaxGuru Citation
2025 taxguru.in 5599
Case Name
Maheshkumar Rajkaranbhai Shah Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2014-15
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Maheshkumar Rajkaranbhai Shah Vs ITO (ITAT Ahmedabad)

Assessee had filed his return of income for the A.Y. 2014-15   declaring total income of Rs 3,62,575. Case of the assessee was reopened u/s 147  on the basis of an information that the assessee had purchased a flat for which certain on-money payment was made. The documents seized in the course of search in the case of one Shri MF Jain revealed that the assessee had purchased a flat   for a sale consideration of Rs 31,15,500 & the on-money paid in respect of the said flat was Rs 59,82,300. In the course of assessment, no explanation was given by the assessee in respect of the on-money payment for the purchase of this flat. As the assessee was a co-owner of the said flat, a sum of Rs 14,33,400 in respect of on-money payment was treated as income of the assessee  u/s 69. Deduction  claimed under Chapter-VIA  was also disallowed in the absence of any supporting evidence. Assessment was completed  u/s 147  read with Section 144B at total income of Rs 18,76,630. CIT(A) dismissed  the appeal of  Assessee.

Before the Tribunal,  Assessee submitted  order of   CIT(A) was passed ex-parte, as no compliance could be made by Assessee before him in the course of appeal proceedings.  All the notices of CIT(A) were received on the registered e-mail which were not accessed by Assessee. In Form No.35 the assessee had mentioned e-mail address “[email protected]” & an option was also given that notice/communication should not be sent on this e-mail. However, CIT(A) had sent all the notices on the e-mail only & no physical notice was received by the assessee. As a result, no compliance could be made before  CIT(A). Assesee requested that he may be allowed another opportunity to represent the matter before  CIT(A) by setting aside the matter to him.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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