M/S VENKATESWAR MEDICARE PVT. LTD.,KOLKATA vs. ITO, WARD 2(1), KOLKATA

ITA 1416/KOL/2023Status: DisposedITAT Kolkata29 July 2024AY 2014-15Bench: Shri Rajesh Kumar (Accountant Member), Shri Sonjoy Sarma (Judicial Member)22 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessment framed by the AO was invalid and bad in law due to lack of jurisdiction and non-application of mind to the assessee's explanations. The notices were also found to be issued in violation of procedural requirements and limitations.

What were the facts?

The assessee's income was reopened based on information about accommodation entries. The Assessing Officer (AO) issued notices under Section 148 and 148A, and subsequently framed an assessment under Section 147 read with Section 144B, making additions to the income.

What were the issues?

The key issues were the jurisdiction of the AO in issuing notices and framing the assessment, and whether the assessment was barred by limitation and procedural defects.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 144B,Section 68,Section 148A,Section 149

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Income Tax Appellate Tribunal, “A” BENCH, KOLKATA

Before: Shri Rajesh Kumar, AM& Shri Sonjoy Sarma, JM]

Per Shri Rajesh Kumar, AM Both the appeals filed by the assessee are against the separate orders of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi dated 30.11.2023 for AYs 2014-11 and 2016-17. 2. First we take up ITA No. 1416/Kol/2023. In this appeal, the only issue pressed at the time of hearing was in respect of the juri iction of the AO issuing notice u/s. 148 and framing the assessment accordingly u/s. 147 read with section 144B of the Act which is non-est and bad in law.

3.

Brief facts of the case are that the assessee filed the return of income declaring total income of Rs.39,72,460/-. Thereafter, t

The order continues below.

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