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Messages - CaGCBaid


-Return u/s 139 was filed.

-Notice u/s 148 issued within four year.

-No response to notice u/s 148.

-AO instead of framing assessment u/s 144(1)(a), issued notice u/s 143(2)

-Non appearance in the assessment proceeding u/s 143(2)

-AO Passed assessment order u/s 144 for the reason that assessee was not appeared in the assessment proceeding. [There is clear finding in the assessment order that assessment u/s 144 was framed because of non compliance of notice u/s 143(2) and 142(1).

-CIT(A) Uphold assessment u/s 144 holding that for the default of non filing of return as well as for non appearance in the assessment proceeding assessment u/s 144 is to be framed and since the AO passed assessment u/s 144, Invalidity of the notice u/s 143(2) will not nullify the assessment u/s 144.

Whether the assessment framed u/s 144 for the default of non appearance in the assessment proceeding initiated by issuance of notice u/s 143(2) [144(1)(c)] can be treated as passed for the default of non filing of the return in response to notice u/s 148 [144(1)(a)]?

[As the return required to be furnish in compliance to notice u/s 148 treated as return required to be furnished u/s 139, assessment u/s 144(1)(a) is permitted in case notice u/s 148 not responded]

[Assessment Proceeding initiation by issuance of Notice u/s 143(2) without cannot be issued in absence of return in response to notice u/s 148 has no legal validity particularly when the time limit to issue notice with reference to return filed u/s 139 originally had expired.

May 26, 2014, 12:58:08 PM
Provision of section 56(vii) is very clear according to which if any sum of money received from any relative, same shall not be taxable.

As per Explanation  to clause (vii) of section 56 and lineal ascendant or descendant of the individual is relative.

Can u Please update the result of the proceeding for which the query was initially raised.