Gurmail Singh v. Income-tax Officer, Ward 1(2), Bathinda
[Citation -2016-LL-0915-9]

Citation 2016-LL-0915-9
Appellant Name Gurmail Singh
Respondent Name Income-tax Officer, Ward 1(2), Bathinda
Court ITAT-Amritsar
Relevant Act Income-tax
Date of Order 15/09/2016
Assessment Year 2009-10
Judgment View Judgment
Keyword Tags service of notice • unexplained cash • savings bank
Bot Summary: Assessee by Sh. P.N. Arora, Advocate Department by: Sh. Rahul Dhawan, DR Date of hearing : 08.08.2016 Date of pronouncement: 15/09/2016 ORDER PER A.D. JAIN, JM This is the assessee s appeal for the assessment year 2009-10 against the action of the ld. CIT(A) in confirming the addition of Rs. 50,00,000/- representing unexplained cash deposits in the assessee s Savings Bank Account. Counsel for the assessee is that notice under section 143(2) of the Act was not served on the assessee within time. CIT(A) held that no such objection has been raised by the assessee in the assessment proceedings and as per section 292BB of the 2 ITA No.323/Asr/2014 A.Y. 2009-10 Act, if an assessee does not object to the service of notice during assessment proceedings, no such objection can be taken later on. DR has placed strong reliance on the observations of the ld. 4 We have heard the parties and have perused the material placed on record. Therein, it has been held that the absence of notice under section 143(2) of the Act cannot be held to be curable under section 292BB of the Act.


IN INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. A.D. JAIN, JUDICIAL MEMBER AND SH. T. S. KAPOOR, ACCOUNTANT MEMBER ITA No.323(Asr)/2014 Assessment year:2009-10 PAN : ARPPS2605F Sh. Gurmail Singh, vs. Income Tax Officer, Prop. M/s. Janta Feed Store Ward 1(2), Opp. Gurudwara, Talwandi Bathinda. Sabo, Distt. Bathinda. (Appellant) (Respondent) Assessee by Sh. P.N. Arora, Advocate Department by: Sh. Rahul Dhawan, DR Date of hearing : 08.08.2016 Date of pronouncement: 15/09/2016 ORDER PER A.D. JAIN, JM This is assessee s appeal for assessment year 2009-10 against action of ld. CIT(A) in confirming addition of Rs. 50,00,000/- representing unexplained cash deposits in assessee s Savings Bank Account. 2 first issue raised by ld. counsel for assessee is that notice under section 143(2) of Act was not served on assessee within time. This issue was also raised before ld. CIT(A). However, ld. CIT(A) held that no such objection has been raised by assessee in assessment proceedings and as per section 292BB of 2 ITA No.323/Asr/2014 A.Y. 2009-10 Act, if assessee does not object to service of notice during assessment proceedings, no such objection can be taken later on. 3 ld. DR has placed strong reliance on observations of ld. CIT(A). 4 We have heard parties and have perused material placed on record. We find that objection of ld. CIT(A) stands adequately answered by order of Hon ble Jurisdictional High Court in case of Commissioner of Income Tax vs. Cebon India Ltd , 347 ITR 583 (P&H). Therein, it has been held that absence of notice under section 143(2) of Act cannot be held to be curable under section 292BB of Act. 5. In view of above, assessment is quashed. 6 Nothing survives any further for adjudication. 7 In result, appeal is allowed. Order pronounced in open court on 15/09/2016. Sd/- Sd/- (T.S. KAPOOR) (A.D. JAIN) ACCOUNTANT MEMBER JUDICIAL MEMBER /SKR/ Dated: 15/09/2016 Copy of order forwarded to: 1. Assessee:Sh. Gurmail Singh, Prop. M/s. Janta Feed Store, Talwandi Sabo. 2. ITO Ward 1(2), Bathinda 3. CIT(A), Bathinda 4. CIT, Bathinda 5. SR DR, ITAT, Amritsar. True copy By order 3 ITA No.323/Asr/2014 A.Y. 2009-10 Income Tax Appellate Tribunal, Amritsar Bench: Amritsar. Gurmail Singh v. Income-tax Officer, Ward 1(2), Bathinda
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