| Question And Answer | |
|---|---|
| Subject: | Section 147 Assessment |
| Category: | Income-Tax |
| Querist: | CA Ashwani Datt Sharma |
| Answered by: | Law Intern |
| Tags: | Section 69A, unexplained investment |
| Date: | April 30, 2025 |
The Assessee is an HUF having income from House Property. The Assessee has purchase a property from Omaxe Ltd on which a Search and Seizure was conducted. A notice was issued to Assessee on the basis of books of Omaxe Ltd which shows Cash Payment to Assessee which is multiplied by Income Tax Authorities by 100 as mentioned in the notice. Now the notice U/s 148 as well as assessment U/s 147 is done by Jurisdictional Assessing officer clearly showing his Ward in the Assessment order and not by NFAC although he has issued a letter that it will be a e proceeding / faceless assessment. Further the Income of the Assessee was added under Section 69 A.
Now the question is whether this assessment by Jurisdictional Assessing officer is valid
Further Section 69 A clearly states that money is not recorded in books of accounts but here the assessee is not maintaining any books of account as he is having income from house property only.
Was a preliminary objection raised that the JAO does not have jurisdiction? Also, as it is a search case, please check whether the case was specifically assigned to the JAO under a CBDT notification or order. If not, it has to be challenged in appeal.
As regards Section 69A, the section is applicable even if the assessee does not maintain books of account, as the provision covers unexplained money or assets not recorded in books, “if any.” The addition will have to be contested on merits and based on the statements recorded by the Omaxe officials.