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Income Tax : Opportunity to explain source after non responding to subsequent notices by AO

Facts, in brief, as per relevant orders are that return declaring income of ``1,12,277/- beside agri

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Income Tax : The notice not received back as unserved is enough to treat served and than non appearance cannot consider

Despite sending notice by the registered post AD sufficiently in advance, assessee did not appear no

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Income Tax : Notice under section 142 should be complied with the proper address of the assessee or it cannot be treating valid

It would be relevant to recount the facts of the case in brief. The assessee’s return of income for

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Income Tax : Objection to notice must be disposed of first and only thereafter assessment can be proceede

As per a Supreme Court decision, objection to notice must be disposed of first and only thereafter a

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Income Tax : For invoking proviso of section 147 after period , there must be failure on the part of the assessee either under section 139 or in response to a notice under section 147/148

The facts indicate that original assessment was completed on 29.03.2004 and it was reopened by recor

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Income Tax : The show cause notice must mention the order which CIT sought to revise otherwise ntice treated to be invalid

It was the submission by the ld. AR that the show cause notice issued u/s 263 of the IT Act on 23.01

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Income Tax : Tribunal can examine whether there was any delay in filing after giving due notice and permitting the appellant to raise such contentions including filing such affidavits depend

The Income Tax authorities made re-assessments on 28.12.2007. The order was carried in Appeal. The A

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Income Tax : Non appearance for proseqution after issuing notice under sec 143 & 142 than the assessement is to be done as per sec 144

None appeared on behalf of the assessee when the appeal was called for hearing nor any request for a

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Income Tax : Notice issued under sec 143 on or before September 2011 is barred by limitation as per second provision to sec 153(1)

The petitioner had filed return of income for the assessment year in question under Section 139(4) o

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Income Tax : Expenses related to business can claime as deduction and show cause notice is not condition precedent for charging interest under sec 217

In paragraph 2 of the judgment, it was pointed out by this Court that the learned counsel for the as

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Income Tax : If assessee do not received any notice than the decision taken cannot be consider as valid decision

At the time of hearing before us, it is stated by the learned counsel for the assessee that in this

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Income Tax : As per sec 292BB if assessee appeared or co-operated in any proceeding it will be deemed that all notice are duly served upon him

On the facts and in the circumstances of the case, the Ld. CIT(A) has erred on facts and in law in q

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Income Tax : Once the notice issued by the department and same has not been received back then it will be deemed to be served

Whether in the facts & circumstances of the case Ld. Commissioner of Income tax (Appeals) has erred

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Income Tax : If asseesee taking part in assessment without issuing notice under sec 143(2) it cannot amount illegality but order passed without giving opportunity is void

I have carefully considered the various arguments raised by the appellant and also the material brou

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Income Tax : If notice under sec 148 is issued in the absence of any failure on the part of assessee than the notice and subsequent proceedings liable to be struck down

Adverting first to ground no.1 in the appeal, facts, in brief, as per relevant orders are that retur

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Income Tax : Penalty under sec 271 cannot be imposed if payment of tax with interest made within the time limit of notice of demand under sec 156 before the penalty proceeding concluded

We find that under the scheme of Section 271 AAA, there is a complete paradigm shift so far as penal

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Income Tax : As per Rule 19(2) non reply of notice of hearing may cause the aplleal to be treated as unadmitted

Despite sending defect memo and notice of hearing sufficiently in advance, assessee did not respond

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Income Tax : If at the time of the assessment AO need any further document than should be mentioned in clear language in the notice otherwise asseessee is not responsible

The facts in brief are that the assessee company was engaged in the business of undertaking contract

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Income Tax : If after sending notice in proper time no step have been taken place than the appeal treated as un admitted

Despite sending notice sufficiently in advance and there being defect memo about late filing of the

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Income Tax : If notice given is not properly replied by the appellant than the appeal deserved to be dismissed

At the time of hearing of the appeal, neither the assessee nor any of his authorized representative

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