PANKAJ KUMAR CHOUBEY,MIRZAPUR vs. ITO, MIRZAPUR
In the result, the appeal is allowed for statistical purposes
ITA 86/ALLD/2024[2011-12]Status: DisposedITAT Allahabad29 Nov 2024AY 2011-12
Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2011-12 Pankaj Kumar Choubey, Vs. Income Tax Officer, Bhorsar, Amoi, Mirzapur 3(2), Mirzapur Pan:Aaofm6183C (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Assessee For Want Of Compliance. The Grounds Of Appeal Preferred Are As Under:- “1- That In Any View Of The Matter Assessment Order Passed U/S 144/147 Of The It Act Dated 06/12/2018 Is Bad Both On The Fact & In Law & By Such Order Income As Determined At Rs.32,22,490/- By Making Illegal Addition Is Highly Unjustified & Incorrect In The Facts & Circumstances Of The Case. 2- That Any View Of The Matter The Ld Cit(A), Nfac Was Wrong In Passing The Order Ex-Parte Without Providing Reasonable Opportunity To The Assessee & The Order Is Also Not A Speaking Order In The Eyes Of Law. 3- That In Any View Of The Matter Notice U/S 148 Of The It Act Dated 26/03/2018 As Mentioned In The Order Was Not Served On The Assessee Or On Any Family Member Of The Assessee, Therefore The Allegation Of Service Of The Notice In The Order Is Incorrect.
For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 144Section 148Section 250Section 271(1)(c)
u/s 142(1) of the Act as alleged in the assessment order hence the entire assessment is illegal and bad in law and by such order Income as determined at Rs.32,22,490/- is not correct.
6- That in any view of the matter the addition of Rs. 32,22,490/- so made without appreciating the correct facts is incorrect