Held that since the notice had been uploaded on Income-tax business application portal, it was available for view by the Assessing Officer and the Assessing Officer was very much aware of the enhancement proceedings before the first appellate authority. Further the notice of hearing was also uploaded in the Income-tax business application portal. The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect and false.(AY.2009-10 to 2019-20)
Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect.[S. 250]