SHRIMATI NAFEESA SHAMSHAD,SRINAGAR vs. INCOME TAX OFFICER WARD 3 (3), SRINAGAR

PDF · subscribers
ITA 67/ASR/2018Status: DisposedITAT Amritsar19 February 2019AY 2008-094 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted a discrepancy in the assessee's address and the possibility of non-receipt of notices due to relocation. Therefore, the case was remanded to the CIT(A) for a fresh decision with proper opportunity of hearing.

What were the facts?

The assessee did not appear before the CIT(A) leading to an ex-parte order. The assessee claimed non-receipt of notices due to shifting residence after marriage, while the Revenue alleged deliberate non-appearance.

What were the issues?

Whether the CIT(A) erred in sustaining the addition without proper opportunity of hearing to the assessee and whether the notice u/s 148 was validly issued.

Which sections of the Income-tax Act were involved?

Section 144,Section 147,Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: SH. N.S.SAINI & SH. N.K.CHOUDHRY

For Respondent: Smt. Ratinder Kaur (Ld.DR)
Hearing: 19.02.2019Pronounced: 19.02.2019

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. N.S.SAINI, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA No.67(Asr)/2018 Assessment Year:2008-09

Miss Nafeesa Shamshad Vs. Income Tax Officer, R/o C-27, Gogji Bagh, Ward 3(3), Srinagar Srinagar. (J&K). [PAN: BAUPS 5270D] (Appellant) (Respondent)

Appellant by: Sh. P.N. Arora (Ld. Adv.) Respondent by: Smt. Ratinder Kaur (Ld.DR) Date of hearing: 19.02.2019 Date of pronouncement: 19.02.2019

ORDER PER N.K.CHOUDHRY, JM: The instant appeal has been preferred by the Assessee/Appellant against the order impugned herein dated 23.11.2017 passed by the Ld. CIT(A)-2, Jalandhar (Camp Office at Srinagar) u/s 250(6) of the Income Tax Act, 1961 (hereinafter called as ‘the Act’).

2.

The assessee has raised the following grounds of appeal. “1. That learned CIT(A) has erred in law and facts and circumstances of the case by sustaining addition of Rs.6,51,430/-. 2. That learned CIT(A) has erred in law and facts and circumstances of the case by upholding the issue of notice u/s 148 without having reason to believe that income has escaped assessment. 3. That learned CIT(A) has erred in law and facts and circumstances of the case by upholding the addition merely on the basis of AIR Information.”

ITA No.67 /Asr/2018 (A.Y.2008-09) 2 Miss Nafeesa Shamshad vs. Dy.CIT

3.

In this case the assessment order was passed u/s 144/147 of the Act, 1961 which was challenged before the Ld. CIT(A), however, during the appellate proceeding before the Ld. CIT(A), no one was present on behalf of the assessee, therefore in the constant circumstances the Ld. CIT(A) was conscious to pass the order as ex-pate and whereby uphold the decision of the AO in assessing income the appellant at Rs.6,51,430/- for the year under consideration. The Ld. AR has submitted that in the instant case, the assesee was living at Srinagar, however, after marriage she was sifted to Delhi and thereafter she never received any notice from the Revenue Authorities including Ld. CIT(A).

4.

On the other hand, the Ld. DR refuted the claim of the assessee by submitting that the assessee deliberately did not appear before the Revenue Authorities either in assessment proceeding or appellate proceeding.

5.

Having considered the submission of the parties and perused the material available on record and observed that the assessee address in the assessment order as well as appellate order has been shown as C-27, Gogji Bagh, Srinagar, C/o HDFC Bank, MS Shopping Mall, Residency Road, Srinagar whereas according to amended Form-36 the address to which notices are supposed to be sent has been written as 30/702, Common Wealth Games, Village Near Akshar Dham Temple, New Delhi-92. On specific query by the Bench qua change of PAN and /or address on PAN which was under taken by the AO of the assessee that in due course of time the assessee shall do the necessary change qua address/PAN. Considering the peculiar facts and circumstances of the case as the assessee after getting married settled at Delhi and that could be reason for non receiving notices of the assessment as well as appellant proceedings, hence in the end of the justice we consider it appropriate to remand the case to the file of the Ld. CIT(A) to decide the

ITA No.67 /Asr/2018 (A.Y.2008-09) 3 Miss Nafeesa Shamshad vs. Dy.CIT

afresh while giving proper opportunities of being heard. It is suffice to say that the assessee shall co-operate with the appellant proceedings before the Ld. CIT(A) and appear as and when require and in case of failure, the assessee shall not be entitled in any leniency and the Ld. CIT(A) shall be at liberty to draw the adverse inference.

6.

In the result, the appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open Court on 19.02.2019.

Sd/- Sd/- (N.S.SAINI) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 19.02.2019 /PK/ Ps. Copy of the order forwarded to: (1) Miss Nafeesa Shamshad R/o C-27, Gogji Bagh, Srinagar. (2) The Income Tax Officer, Ward 3(3), Srinagar. (3) The CIT(A)-2, Jalandhar (Camp Office at Srinagar) (4) The CIT concerned (5) The SR DR, I.T.A.T., Amritsar True copy By order

Filename: Miss Nafeesa Shamshad 67-18 Directory: D:\DOCUMENT\NKC Orders 2018\NS Saini & NKC Template: C:\Users\etc parmod\AppData\Roaming\Microsoft\Templates\Normal.dot Title: IN THE INCOME TAX APPELLATE TRIBUNAL Subject: Author: Rahul Prabhakar Keywords: Comments: Creation Date: 2/19/2019 3:03:00 PM Change Number: 63 Last Saved On: 2/28/2019 11:07:00 AM Last Saved By: etc parmod Total Editing Time: 77 Minutes Last Printed On: 2/28/2019 11:07:00 AM As of Last Complete Printing Number of Pages: 4 Number of Words: 785 (approx.) Number of Characters: 4,478 (approx.)

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →