Case Law Details
Girirajkripa Developers Pvt. Ltd. Vs ITO (ITAT Jaipur)
Conclusion: Reassessment proceedings finalized by AO was invalid as AO had failed to bring on record any positive evidence to prove that the notice u/s 148 was properly served upon assessee.
Held: AO initiated re-assessment proceedings by making an addition of Rs. 2,76,51,300/- on account of short-term capital gains. Assessee contended that there was no evidence of service of notice by AO and even AO had not mentioned the date of service of notice under section 148, therefore, reassessment was invalid. It was held that department had failed to bring on record any positive evidence to prove that the notice u/s 148 was served upon assessee whereas assessee had successfully placed on record letter dated 07/11/2017 issued by the department wherein it had no where been mentioned that the notice U/s 148 was ever served upon assessee. In view of the facts and circumstances, it could safely be concluded that there was no ‘proper service’ of notice u/s 148 was effected in the present case before completion of reassessment u/s 147 r.w.s 143(3). Therefore, reassessment proceedings finalized by AO was invalid.
FULL TEXT OF THE ORDER OF ITAT JAIPUR
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