ITA No. 3164/del/2023 SRS Advertising & marketing Pvt. ltd.

Parties Involved

Facts Summary

The Assessee, SRS Advertising & Marketing Private Limited, did not file the return of income for Assessment Year 2012-13. An assessment order was passed under sections 147/144 of the Income Tax Act, 1961 on 30/11/2019, computing the income of the Assessee at Rs. 1,22,81,910/-. Aggrieved by this order, the Assessee appealed to the Commissioner of Income Tax (Appeals) [CIT(A)], whose order dated 08/09/2023 dismissed the appeal. The Assessee then filed the present appeal before the Income Tax Appellate Tribunal. The Assessee contended that it did not receive the notice under section 148 of the Act and was not given an opportunity to present relevant documentary evidence. The Departmental Representative opposed the admission of additional evidence at this stage.…

Legal Issues

• 1. Whether the CIT(A) erred in confirming the ex-parte assessment order without giving show cause notices and adequate opportunity to the assessee.
• 2. Whether the CIT(A) erred in confirming the assessment order without serving mandatory notices under sections 148, 143(2), and 142(1) of the Income Tax Act, 1961.
• 3. Whether the CIT(A) erred in confirming the assessment order without cross-verification and independent application of mind.
• 4. Whether the CIT(A) erred in confirming the assessment order without specifying the section or subsection under which addition is made.
• 5. Whether the CIT(A) erred in confirming the ex-parte assessment order without following the mandatory process specified under sections 147 to 151 of the Income Tax Act.
• 6. Whether the CIT(A) erred in confirming the addition of Rs. 23,97,646/- on account of interest without cross-verification from the records of Income Tax.

Judgment Outcome

Decided in favour of Assessee.

Similar Judgements

• Prabhatbhai Khodabhai Desai vs. Income Tax Officer

  Ahmedabad bench

• M/s. Sauda Securities Pvt. Ltd Vs. DCIT

  Delhi Bench benchAY 2011-12 & 2012-13Allowed

• Sohanlal Vardichand Jain Vs. DCIT CC 1(1)

  SMC Bench Mumbai benchAY 2015-16Allowed

• HITCHKI CREATION PVT. LTD. VS. DCIT, CENTRAL CIRCLE, MEERUT

  DELHI BENCH 'C', NEW DELHI benchAY 2011-12Allowed

• Trans Metalite India Limited Vs. Assessment Unit, Income Tax Department, ACIT, Circle -25 (1) Delhi

  Delhi Bench benchAY 2019-20Allowed

• Global Coal and Mining Pvt. Ltd. vs. National Faceless Penalty Centre

  Delhi Bench benchAY 2020-21Allowed