MURLIDHAR KRIPLANI,UDAIPUR vs. ITO, WARD-2(3), UDAIPUR
In the result, the appeal of the assessee is allowed
ITA 153/JODH/2019[2010-11]Status: DisposedITAT Jodhpur03 Oct 2023AY 2010-11
Bench: Completing The Assessment Of Income Which Is Mandatory In Sh. Murlidhar Kriplani Vs. Ito Nature. The Commissioner Of Income Tax (Appeals) Also Confirmed That Where Return Of Income Filed Beyond Time As Contemplated Under Section 139, It Is Not Necessary On Part Of Ao To Issue Notice U/S 143(2) Which Is Bad In Law & Unjustified & Not Tenable As Per The Hon'Ble Rajasthan High Court Jaipur Bench In Case Of Ito Vs Kamla Devi Sharma In Db
Section 139Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 158Section 54F
147 read with section 148 is bad in law having regard to the facts of the case, written submission and position of law.
3. That the Ld. CIT(A) legally erred in confirming the addition of Rs.3,50,000/- by disallowing the deduction claimed u/s 54F by the assessee as there was no addition on the ground as recorded