Name –
Address-
PAN -
Assessment Year – 2016-17
Statement of Fact -
A) I was engaged in the business of trading of Raisins/ Kishmish / dry
grapes . I was doing this business in individual capacity . Amount reflected
in the bank of account of renukamata multistate co operative urban credit
society A/c No. was from these products trading activities.
I was engaged in the business of wholesale trading of raisin/Kishmish/Dry
Grapes .My place is very famous for quality raisins .it has
huge demand from all over India. I was purchasing this goods from farmers
from tasgaonTaluka and sending to Chennai, hydrabadEtc .
Cash Deposit Sources -
I was selling goods out of my state so I was insisting sale on cash basis
only. In my business line many times cheating incidence happened that
Traders out of Maharashtra purchased goods on credit and defaulted the
payment. After these defaulting many times recovery mechanism fails and
litigations takes very long time without any benefits. So in order to save
myself from these cheating incidence I used to do sale on cash basis. I had
appointed staff there who was selling this goods there on cash basis and
after collecting cash he was depositing same cash in my bank account.
B) Search Action U/s 132 of Income Tax Act 1961 was conducted on in case of
multistate Urban Co Op credit society. And information collected from
search operation transferred by concerned authority Learned AO without
making an independent Enquiry and merely replying on information
received from concerned authority Reopened the assessment U/s 147 of
Income Tax Act.1961. this notice should have been issued U/s 153 C
instead of Sec 148 of Income Tax Act 1961.
C) As per PARA 1 of Assessment order it is stated by Learned AO that Notice
U/s 148 issued and served on the assessee. However said notice is not
getting reflecting in Income tax portal as well as registered Email of the
assessee till date of filing appeal ( Screen shot of portal is enclosing
herewith) .said notice also not received on registered mail of the assessee. (
screen shot of mail is enclosing herewith ) In this case Learned AO
failed to issue notice U/s 148 within time limit specified in Income
Tax Act 1961.
D) While making addition Learned AO Considered profit ratio @ 5.52 % but he
has not given any basis for this ratio. If Learned AO would have gone
through bank account statement judicially then there is same amount got
withdrawn. he has not given any natural justice to the assessee. He decided
income of the assessee without considering almost same amount got
withdrawn from same bank account .
Date – 28/04 2022
Name - SAGAR MAHADEV CHAVAN
Address- ARAWADE TASGAON, , SANGLI 416312, Maharashtra, India
PAN - ALQPC2413E
Assessment Year – 2016-17
Grounds of Appeal:
Without prejudice to each other
I wish to have following Grounds of Appeal without prejudice to each other
and I also seek to have hearing by mode of Video Conferencing in present
case
1) On the facts and circumstances of the case and in Law, the Ld. AO erred
in proceeding with reassessment/assessment u/s 147 of the
Income Tax Act instead of proceeding under Section 153C of the
Income Tax Act,1961.Hence the order passed by him is bad in law
being beyond any jurisdiction and need to quashed.
The Appellant prays that it be held accordingly.
2) On the facts and circumstances of the case and in Law, the Ld. AO erred
in Sending Notice U/s 148 of Income Tax Act 1961. within time
limit , Said Notice is not reflecting in my Income tax E- filing
portal as well as Email of the assessee. ( Copy of screen shot
enclosed ). Affidavit regarding same is also enclosing in the course of
submission. Hence the order passed by him is bad in law and need to
quashed.
3) On the facts and circumstances of the case and in law, the order passed
by Ld.AO u/s 147 r.w.s. 144B is bad in law as much as the order has been
passed without giving reasonable opportunity of being heard as detailed
in Statement of Facts. The order passed arbitrarily and in mechanical
manner needs to be quashed.
The Appellant prays that it be held accordingly.
4) On the facts and circumstances of the case and in law, the order passed
by Ld.AO u/s 147 r.w.s. 144B is bad in law as much as it appears that no
independent inquiry was made by Ld. AO and the belief was formed
merely on the vague information received. Accordingly the re
assessment proceedings based on borrowed satisfaction needs to be
quashed.
The Appellant prays that it be held accordingly.
5) On the facts and circumstances of the case and in Law, the Ld. AO erred
in making addition of Rs. 749126/- being 5.52% of turnover . The order
resulted in unreasonable and high pitched demand. Such an order passed
arbitrarily and in mechanical manner needs to be quashed.
The Appellant prays that it be held accordingly.
6) The appellant prays that the order be annulled
7) The appellant craves leave to add/amend or alter any of the above
grounds of Appeal.
SAGAR MAHADEV CHAVAN
Appellant
Date- 28/04/2022
Place – Sangli
