Shri Omprakash Kanayalal Shah, Ahmedabad ITO, Ward-6(1)(5), Ahmedabad

IN THE INCOME TAX APPELLATE TRIBUNAL
 “SMC” BENCH, AHMEDABAD
(Conducted through Virtual Court)

BEFORE SHRI RAJPAL YADAV, VICE-PRESIDENT

ITA No.1813/Ahd/2018
Asstt.Year : 2010-11

Shri Omprakash Kanayalal Shah
64/506, Gujarat Housing Board
Opp: Chamanpura Police Station
Kalapinagar, Asarwa
Amedabad 380016.
PAN : AEAPS 2498 J
(Applicant) 

Vs.

ITO, Ward-6(1)(5)
Ahmedabad.
(Responent)

Assessee by : Shrio P.F. Jain, AR
Revenue by : Shri R.R.Makwana, Sr.DR

Date of Hearing : 24/05/2021
Date of Pronouncement: 04/06/2021

O R D E R

Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-6, Ahmedabad passed for the Asstt.Year 2010-11.

2. In the first ground of appeal, the assessee has pleaded as under:

“1. The ld.CIT(A) has erred in law and facts in upholding the assessment order passed u/s.143(3) r.w.s. 147 inasmuch as that the reassessment proceedings initiated against the assessee are invalid, void ab-initio without jurisdiction.”

3. Brief facts of the case are that the AO has issued a notice under section 148 of the Income Tax Act, 1961. According to him, this notice was issued on 30.3.2017 which was served upon the assessee. In response to the notice, the assessee has filed return of income on 23.9.2017 declaring total income of Rs.94,010/-. The ld.AO thereafter passed the assessment order on 20.12.2017 under section 143(3) r.w.s. section 147 of the Income Tax Act, 1961. He determined taxable income of the assessee at Rs.26,37,960/-. The ld.AO has made addition of Rs.25,43,950/- on account of unexplained cash deposit in the bank account. The appeal to the CIT(A) did not bring any relief to the assessee. 

4. The ld.counsel for the assessee while impugning order of the Revenue authorities contended that notice under  section 148 was issued to the assessee after recording reasons for reopening the assessment. Copy of such reason is available on page no.4 of the paper book. He drew our attention towards page no.1 of the paper book wherein copy of the notice under section 148 is being placed. According to him, this notice is dated 29.3.2017. 

To know more in details find the attachment file