Natraj Products Pvt. Ltd. vs. ITO

Parties Involved

Facts Summary

The assessee, Natraj Products Pvt. Ltd., filed an appeal against the First Appellate Order passed by the Commissioner of Income Tax (Appeals) dated 21.02.2019, which upheld the re-assessment order dated 29.12.2017 passed by the Assessing Officer under section 147 read with section 143(3) of the Income Tax Act, 1961. The assessee challenged the assumption of jurisdiction by the Assessing Officer under section 147/148 r.w.s 151 of the Act, alleging that the reopening of the case was without meeting the pre-requisites ordained in Section 147 and section 151 of the Act. The assessee also challenged the action of the Assessing Officer in making additions by invoking section 68 and 69C of the Act on merits in pursuance of the assumption of jurisdiction under section 147 of the Act.…

Legal Issues

• 1. Challenge to the assumption of jurisdiction under section 147/148 r.w.s 151 of the Act.
• 2. Wrong assumption of jurisdiction under section 147 instead of statutory path available under section 153C of the Act.

Judgment Outcome

Decided in favour of Assessee.

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