The Dy, C.I.T Vs. Asian Hotels [North] Limited

Parties Involved

Facts Summary

The assessee, Asian Hotels [North] Limited, filed its return of income for A.Y 2016-17 on 29.09.2016 declaring a loss of Rs 32,48,76,393. The case was selected for scrutiny, and an order under section 143(3) of the Act was passed, making an addition of Rs 19,07,225/-. The assessee appealed before the ld. CIT(A), who allowed relief and computed the assessed income as a loss of Rs 32,47,83,990/-. Subsequently, the PCIT set aside the assessment order under section 263 of the Act and directed the AO to pass a fresh order. The AO made additions amounting to Rs 6,48,41,747/-, raising the demand to Rs 13,07,31,628/-. The CIT(A) deleted these additions, leading the Revenue to appeal before the ITAT.…

Legal Issues

• 1. Whether the ld. CIT(A) is correct in allowing relief to the assessee without deciding the case on merits?
• 2. Whether the ld. CIT(A) is correct in allowing relief to the assessee on order u/s 143(3) r.w.s. 263 of the Act?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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