Syntel Private Limited vs Assistant Commissioner of Income Tax

Parties Involved

Facts Summary

Syntel Private Limited, an Indian private limited company engaged in providing Information Services and Income Tax Enabled Services (ITES), filed its return of income for the Assessment Year 2018-2019 on 28/11/2018. The case was selected for regular scrutiny, and an assessment order was passed on 30/09/2021 under Section 143(3) read with Section 144B of the Income Tax Act, 1961. The Assessing Officer made an addition of INR 33,83,80,681 invoking provisions contained in Section 37 of the Act. The Assessing Officer disallowed an amount claimed by the assessee under the head 'Any other amount allowable as deduction' in Schedule BP, as the assessee failed to provide supporting documents or explanations. Consequently, the Book Profit was increased by the same amount under Section 115JB of the Act.…

Legal Issues

• 1. Whether the order passed by the learned CIT(A) is ultra vires, illegal, bad in law and contrary to the provisions of the Income-tax Act, 1961.
• 2. Whether the assessment order is invalid and void ab initio for being passed without issuing a mandatory show cause notice.
• 3. Whether the learned CIT(A) erred in confirming the addition of Rs.33,83,80,681 made by the Learned AO under the head 'Any other amount allowable as deduction under Schedule BP'.
• 4. Whether the learned CIT(A) erred in passing the order without considering the adjournment request filed by the Appellant.
• 5. Whether the learned CIT(A) erred in confirming the addition of Rs.33,83,80,681 to the book profit computed under section 115JB of the Act.
• 6. Whether the learned CIT(A) erred in passing the order without considering the adjournment request filed by the Appellant.

Judgment Outcome

Decided in favour of Assessee.

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