CIT v. Shanker Lal Ved Prakash

Assistant Commissioner of Income Tax, Circle-1, Patna, Fourth Floor, J.P. Bhavan, Dakbunglow Chauraha vs. Tulshyan Metals Private Limited, Patna

The appeal is allowed and the order of the High Court is vacated

Bench: Shri Duvvuru Rl Reddy, Vice- & Shri Sanjay Awasthii.T.A. Nos.339&340/Pat/2024 Assessment Years: 2014-15 & 2015-16 Acit, Circle-1, Patna……..........................................................……….……Appellant Vs. Tulshyan Metals Pvt. Ltd…………………………...............……...…..…..Respondent 3D, Shakambari Complex, Sabji Bazar Chowk, Nagla Bihar-800008. [Pan: Aacct2904K] Appearances By: Shri Ashok Kumar Cit, Appeared On Behalf Of The Appellant. Shri Sandeep Goel, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 18, 2024 Date Of Pronouncing The Order : November 27, 2024 Order Per Sanjay Awasthi: 1. The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders Of Even Date 30.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2014-15 & 2015-16. Since, The Substantive Issues Are Common In Both The Assessment Years & The Appeals Pertain To The Same Assessee, Therefore, The Two Appeals Are Being Disposed Of Through This Single Order. 2. However, In Both The Cases, The Action Of The Assessing Officer In Assuming Jurisdiction U/S 147 Of The Act Through Issuance Of Notice U/S 148 Of The Act Has Been In Dispute, Whereby, The Ld. Cit(A) Has Held That Since Notice U/S 143(2) Of The Act Was Not Issued For Both The Years, Following The Issuance Of Notice U/S 148 Of The Act, Then The Subsequent Orders Passed U/S 147 R.W.S 144, R.W.S 144B Of The Act Would Be Null & Void. However, For The Sake Of Record, The Grounds In Both The Cases Are Extracted As Under:

…9 of the IT Act does not mandate that such a notice must also be served on the assessee within the prescribed period. Speaking for the Division Bench of this Court, I had occasion to observe in CIT v. Shanker Lal Ved Prakash [2007] 212 CTR (Delhi) 47 : [2008] 300 ITR 243 (Delhi) the decision in CIT v. Jai Prakash Singh [1996] 132 CTR (SC) 262 : [1996] 219 ITR 737 (SC) to the effect that failure to serve a notice under section 143(2) would not render the assessment as null and void but only as irregular. The decision of the Rajasthan High Court in CIT v. Gyan Prakash Gupta [1986] 54 CTR (Raj) 69: [1987] 165 ITR 50…

Assistant Commissioner of Income Tax, Circle-1, Patna, Fourth Floor, Loknayak Jay Prakash Bhawan, Dakbunglow Chauraha vs. Tulshyan Metals Private Limited, Patna

The appeal is allowed and the order of the High Court is vacated

Bench: Shri Duvvuru Rl Reddy, Vice- & Shri Sanjay Awasthii.T.A. Nos.339&340/Pat/2024 Assessment Years: 2014-15 & 2015-16 Acit, Circle-1, Patna……..........................................................……….……Appellant Vs. Tulshyan Metals Pvt. Ltd…………………………...............……...…..…..Respondent 3D, Shakambari Complex, Sabji Bazar Chowk, Nagla Bihar-800008. [Pan: Aacct2904K] Appearances By: Shri Ashok Kumar Cit, Appeared On Behalf Of The Appellant. Shri Sandeep Goel, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 18, 2024 Date Of Pronouncing The Order : November 27, 2024 Order Per Sanjay Awasthi: 1. The Captioned Appeals Have Been Preferred By The Revenue Against The Separate Orders Of Even Date 30.01.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For Assessment Years 2014-15 & 2015-16. Since, The Substantive Issues Are Common In Both The Assessment Years & The Appeals Pertain To The Same Assessee, Therefore, The Two Appeals Are Being Disposed Of Through This Single Order. 2. However, In Both The Cases, The Action Of The Assessing Officer In Assuming Jurisdiction U/S 147 Of The Act Through Issuance Of Notice U/S 148 Of The Act Has Been In Dispute, Whereby, The Ld. Cit(A) Has Held That Since Notice U/S 143(2) Of The Act Was Not Issued For Both The Years, Following The Issuance Of Notice U/S 148 Of The Act, Then The Subsequent Orders Passed U/S 147 R.W.S 144, R.W.S 144B Of The Act Would Be Null & Void. However, For The Sake Of Record, The Grounds In Both The Cases Are Extracted As Under:

…9 of the IT Act does not mandate that such a notice must also be served on the assessee within the prescribed period. Speaking for the Division Bench of this Court, I had occasion to observe in CIT v. Shanker Lal Ved Prakash [2007] 212 CTR (Delhi) 47 : [2008] 300 ITR 243 (Delhi) the decision in CIT v. Jai Prakash Singh [1996] 132 CTR (SC) 262 : [1996] 219 ITR 737 (SC) to the effect that failure to serve a notice under section 143(2) would not render the assessment as null and void but only as irregular. The decision of the Rajasthan High Court in CIT v. Gyan Prakash Gupta [1986] 54 CTR (Raj) 69: [1987] 165 ITR 50…

DCIT Circle-3, Mirzapur vs. Shri Neeraj Agrawal, Mirzapur

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

…relied upon following judgments : (i) Mehta Parikh & Co. v. CIT , reported in (1956) 30 ITR 181 (SC) (ii) CIT v. Dharam Pal Premchand Ltd. - 295 ITR (Del HC). Assessment Year: 2012-2013 Mr. Neeraj Agrwal, Mirzapur, U.P. (iii) CIT v. Shankar Lal Ved Prakash – 300 ITR 243 (Del HC). The assessee further submitted before ld. CIT(A) that the allegation of the Ld. AO that the stock register and other documents were not found during the survey or were not been explained during the assessment proceedings, is not correct. The assessee explained before ld. CIT(A) that with respect to gold jewellery and silver bullion , th…

Neeraj Agrawal, Mirzapur vs. DCIT, Mirzapur

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

…relied upon following judgments : (i) Mehta Parikh & Co. v. CIT , reported in (1956) 30 ITR 181 (SC) (ii) CIT v. Dharam Pal Premchand Ltd. - 295 ITR (Del HC). Assessment Year: 2012-2013 Mr. Neeraj Agrwal, Mirzapur, U.P. (iii) CIT v. Shankar Lal Ved Prakash – 300 ITR 243 (Del HC). The assessee further submitted before ld. CIT(A) that the allegation of the Ld. AO that the stock register and other documents were not found during the survey or were not been explained during the assessment proceedings, is not correct. The assessee explained before ld. CIT(A) that with respect to gold jewellery and silver bullion , th…