Assessment order made u/s 148.

This query is : Resolved

CA Nimesh Khandelwal (Querist)
Follow

19 March 2020 Hello, I had received demand notice from Income Tax then i came to know about the assessment has been made u/s 144 for A.Y 2011-12 the notice of which has not been received to me as my address has been changed and in absence of reply the AO made exparte order and raise demand of Rs 192670/- and imposed penalty of Rs 69000/- in 271(1)(C) and Rs 10000 u/s 271(1)(B) and Rs 5000/- u/s 271F.

Now i am preparing for appeal towards above order so please share case laws and ground of appeal for Penalty order and also share your valuable suggestion.

Radhakrishnan K.V.

Radhakrishnan K.V. (Expert)
Follow

22 March 2020 I think that assessment in your case is barred by limitation of time.

CA Nimesh Khandelwal

CA Nimesh Khandelwal (Querist)
Follow

22 March 2020 No it is not barred by limitation as information is received now then how could i came to know.

Upgrade to CAclubindia Pro. Subscribe Now!

Radhakrishnan K.V.

Radhakrishnan K.V. (Expert)
Follow

23 March 2020 Assessment u/s 144 is time barred if it is made after 2 years. vide Section 153. In case the assessment was made u/s 144 r.w.s. 147 you would have received a notice u/s 148. It seems that the later can be your case. If no notice u/s 148 was served on you, then the assessment is invalid. Bombay High Court - Harjeet Surajprakash Girotra vs Union Of India And 3 Ors on 16 July, 2019 .