Shivam Finance vs. Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

The assessee, Shivam Finance, filed its return of income on 27.10.2017 reporting total income of Rs.43,53,620/-. The case was selected for scrutiny through CASS. The assessee challenged the issue of notice u/s. 143(2) of the Income-tax Act, 1961, stating that the notice issued by the Income Tax Officer, Ward-49(1) was without jurisdiction and invalid since the declared income of the assessee for the relevant year was more than Rs. 30 lakhs and only the DCIT/ACIT had the jurisdiction over the case of the assessee. The case was dismissed in the first appeal before the Ld. CIT(A) for non-appearance by the assessee. The assessee is now in appeal before the Tribunal.…

Legal Issues

• 1. Whether the Ld. CIT(A) erred in passing the order ex-parte without allowing the appellant any proper and reasonable opportunity of being heard.
• 2. Whether the Ld. CIT(A) erred in passing the order when it was incumbent on him to deal with and decide each of the grounds raised in the appeal on its merits.
• 3. Whether the order of the CIT(A) be modified and the assessee be given relief prayed for.
• 4. Whether the Ld. CIT(A) erred in confirming the assessment initiated and completed by AO since the notice u/ s. 143(2) issued by ITO Ward 49(1) was without jurisdiction and invalid.
• 5. Whether the Ld. CIT(A) erred in confirming the addition made by AO of Rs.6,20,000/- u/s 69A to the total income which was not justified.
• 6. Whether the Ld. CIT(A) erred in confirming the addition made by AO of Rs.6,20,000/- u/s 69A to the total income and charged tax u/s 115BBE which was unjustified and not in accordance with law.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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