Birendra Nath Saha Vs. ITO, Ward-3(1), Malda

Parties Involved

Facts Summary

The assessee, Birendra Nath Saha, filed his return of income declaring a total income of Rs. 16,68,790/-. The case was reopened as information indicated that the assessee had a turnover of Rs. 36,48,32,670/- for FY 2013-14, but the accounts were not audited. A notice under section 148 of the Act was issued, and the assessee furnished the return of income. Despite requests for further information, the assessee did not comply, leading to an assessment based on available records. The assessee's total income was assessed at Rs. 2,91,86,613/-. The assessee appealed this order, which was dismissed by the Commissioner of Income Tax (Appeal) - NFAC, Delhi. The assessee then appealed to the ITAT, raising additional legal grounds regarding the service of the notice under section 148 and the conversion of his business from a proprietorship to a partnership firm.…

Legal Issues

• 1. Whether the notice under section 148 was served within the limitation period.
• 2. Whether the assessee's business was correctly converted from proprietorship to partnership and whether the assessee provided sufficient evidence to support this conversion.

Judgment Outcome

Decided in favour of Assessee.

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