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The I.T.O Vs. Shri Allauddin Qureshi

Case No: ITA No. 2365/DEL/2024 [A.Y. 2017-18]
Court: INCOME TAX APPELLATE TRIBUNAL, DELHI ‘A’ BENCH, NEW DELHI
Date: 2/2/2025

Parties Involved

appellantThe I.T.O
respondentShri Allauddin Qureshi

Facts Summary

The assessee, Shri Allauddin Qureshi, is an individual resident who started a livestock business involving poultry, fresh meat, fish, mutton, chicken, etc., on 01.01.2017. During the year, he made cash sales of Rs. 1,13,92,330/- and deposited Rs. 1,08,23,330/- into his RBL Bank Account. The Assessing Officer issued a notice u/s 148 of the Income-tax Act, 1961, on 28/03/2021, which the assessee claims was never received due to an incorrect email ID. The assessee filed a response and subsequently filed his income tax return verified by DSC on 22/03/2022. Despite this, the Assessing Officer passed an order u/s 147 r.w.s. 144 of the Act, making an addition of Rs. 3,97,00,475/-. The assessee appealed before the CIT(A), who dismissed the Assessing Officer's order, holding that there was no valid service of notice u/s 148 and thus the reassessment order was null and void.

Decision in favour of

Assessee

Legal Issues

  • 1. Validity of the service of notice u/s 148 of the Income-tax Act, 1961

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

4 precedents cited in this judgement.

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