Prestigious Enterprises Private Limited Vs Asst. Commissioner of Income Tax

Parties Involved

Facts Summary

These two appeals were filed by the assessee against orders dated 22.06.2023 and 04.07.2023 of the learned Commissioner of Income Tax (Appeals)-27, New Delhi, arising out of assessment orders dated 18.03.2016 and 16.09.2016 under sections 144 r.w.s. 147 and 271(1)(c) of the Income Tax Act, 1961 for Assessment Year 2008-09. The assessee raised several grounds of appeal including the non-existence of the company A.R Developer Pvt. Ltd at the time of issuing notices, violation of the law of natural justice, and erroneous confirmation of reopening of assessment and penalty. There was a delay in filing the appeals, and the Commissioner of Income Tax (Appeals) dismissed the appeals without condoning the delay.…

Legal Issues

• 1. Whether the company A.R Developer Pvt. Ltd was in existence at the time of issuing notices u/s 147/148 and 271(1)(c).
• 2. Whether the appeal order is bad in law, illegal, and in violation of contemporary jurisprudence.
• 3. Whether the reopening of assessment u/s 147/148 and the penalty u/s 271(1)(c) were confirmed erroneously.
• 4. Whether the law of natural justice was followed in confirming the orders u/s 144 and 271(1)(c).

Judgment Outcome

Decided in favour of Assessee.

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