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II. Direct Tax Case laws:
1. ITO Vs. On Exim Pvt. Ltd., ITA No. 1116/Del/2011 Date of Decision: 27.08.2013, ITAT - Delhi
Section 148 of Income Tax Act, 1961
Whether
notice issued u/s 148 with in specified time but handed over to the
postal authorities after that period on wrong address is constitute a
valid notice.
Held: No
The assessment
under Section 148 read with Section 149 of the Income-tax Act, 1961 was
reopened on the basis of information received from Investigation Wing
and the notice was on wrong address.
The hon'ble
Jurisdictional High Court held in the case of Kanubhai M.Patel (HUF) Vs.
Hiren Bhatt or His Successors to Office and Others that the date of
issue would be the date on which the same were handed over for service
to the proper officer and referring to the same hon’ble tribunal held
that the notice was handed over to the postal authorities on 1st April,
2008 which was beyond the period of limitation of six years provided in
Section 149. Moreover, the same cannot be said to be valid issue of
notice when it is wrongly addressed. Therefore, the notice issued u/s
148 was not valid and the same is quashed.
(Please click here for judgment)
2. Smt. Deepa Gupta Vs. CIT, ITA No. 2803 & 5274/Del/2011 Date of Decision: 23.08.2013, ITAT-Delhi
Whether the
Ld. CIT was justified in setting aside the case without affording a
reasonable opportunity to the Assessee to controvert the issues raised
by the Ld. AO which were considered erroneous and prejudicial to the
interest of the revenue?
Held: No
In the instant
case, additions by the CIT were made (ex-parte order) without providing
a proper opportunity of being heard by considering them as erroneous
and prejudicial to the interests of the revenue. Right to be heard is an
important right to which a party who is faced with an adverse view is
entitled to “Audi alteram partem” being one of the most famous and
celebrated Rule of Natural Justice. The Hon’ble Appellate Tribunal after
considering the facts of the case, held that audi alteram partem cannot
be sacrificed at the altar of the administrative convenience or
celebrity, decided in favor of the assessee.
(Please click here for judgment)
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