Case Law Details
Brief Facts:
1. The appellant is an individual who filed his income tax return for the Assessment Year 2004-05.
2. A notice u/s 148 of the Income Tax Act, 1961 was issued to the assessee in March 2009 on the basis of information received from the Investigation Wing, New Delhi that the appellant had received an entry of Rs.4 lac from one Shri Trilok Chand Bansal on 3rd September 2003 and Rs.4 lac from Shri Subhash Gupta on 4th September 2003.
3. The notice u/s 148 was issued by ITO Ward-26(4) New Delhi. After receipt of notice the appellant had responded through its authorized Representative and submitted the copy of the return filed under provisions of section 139. After noticing that the jurisdiction over the appellant is vested with ITO Ward-26(3), the file was transferred by ITO Ward-26(4) to ITO Ward – 26(3). The ITO Ward-26(3), New Delhi had proceeded with the framing assessment without issuing fresh notice u/s 148.
4. The appellant didn’t comply with the notices u/s 143(2) and 142(1) of the Act issued by the ITO Ward – 26(3), therefore, the AO completed the assessment ex-parte by bringing to tax the said amount of Rs.8 lac.
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