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Order PER PARESH M. JOSHI, J.M. : Both the above appeals have been filed by the Assessee against the separate order passed by the Ld. CIT(A)/NFAC, Delhi each dt. 31/10/2023 pertaining to Assessment Year 2012-13.
Appeal in relates to liability of the assessee from the point of view of tax whereas Appeal in ITA No. 756/Chd/2023 relates to penalty under section 271(1)(c) of the Income Tax Act, 1961.
Since the issues involved in both the above appeals are common and were heard together so they are being disposed of by this consolidated order for the sake of convenience and brevity.
With the consent of both the parties we shall take Appeal in ITA No. 755/Chd/2023 for the A.Y. 2012-13 as a lead case.
The Appeal in ITA No. 755/Chd/2023 filed by the Assessee under section 253 of the Income Tax Act, 1961 being aggrieved by order No. ITBA/NFAC/S/250/2023-24/1057555836(1) dt. 31/10/2023 of Ld. CIT(A) which is hereinafter referred to as the “impugned order” for the sake of convenience and ease. The assessee is a person resident in India. The relevant A.Y is 2012- 13 corresponding to Financial Year 2011-12. Factual Matrix 6. That as per information available with the Department, the assessee had purchased a property of Rs. 1,40,00,000/-.
That the above information was uploaded by the Tahsildar, Tehsil Office Samrala, Dist: Ludhiana, Punjab. But as per records available with the Department of Income Tax, the assessee had not filed any return of income for the A.Y. 2012-13 corresponding to F.Y. 2011-12.
That accordingly the proceedings under section 147 was initiated against the assessee and that the case was reopened after recording reasons. Thereafter following notices were issued. S.No. Particulars of No. & Date Mode of Service Remarks Notice i) Notice u/s 148 26049/29.03.2019 Speed Post Neither anyone attended nor any reply filed ii) Notice u/s 5769/09.07.2019 Speed Post -do- 142(1) / Questionnaire
That since no compliance was made by the assessee to any of the above mentioned notices. However, in the interest of justice another opportunity was provided to the assessee vide show cause as per particulars given below wherein it was clearly stated that it is final opportunity and in case of failure to comply with the said notice, the assessment will be completed u/s 144 of the I.T. Act, 1961 on the basis of information available on record:- Particulars of notice No. & Date Mode of Service Remarks 12880/24.09.2019 Speed Post Final-Opportunity/ Neither anyone Penalty Notice/ attended nor any Notice u/s 142(1) reply filed Final-Opportunity / 12880/24.09.2019 Through Affixture Neither anyone Penalty Notice / attended nor any Notice u/s 142(1) reply filed However, no compliance has been made even to this notice.
That as per information available with the Department, the assessee has purchased of property. The information is uploaded by the below mentioned Sub-