Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Issuance of notice U/s. 143(2) is a mandatory obligation

Case Law Details

TaxGuru Citation
2019 taxguru.in 34
Case Name
Pr. CIT v. Gravity Systems (P) Ltd. (High Court Delhi)
Date of Judgement/Order
Only available for paid members
Advertisement


Pr. CIT v. Gravity Systems (P) Ltd. (High Court Delhi)

Since no notice under section 143(2) was issued by AO before completion of assessment, therefore, addition made under section 68 was liable to be deleted.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

The Revenue is aggrieved by the order of the ITAT which directed the deletion of some amounts under section 68 of the Income Tax Act by the lower authorities.

The ITAT premised its decision on the circumstance that no notice was issued under section 143(2), before the completion of assessments.

The ITAT followed the view in Pr. CIT v. Jai Shiv Shankar Traders (P) Ltd. (2016) 383 ITR 448 (Del). That decision has further been affirmed in Pr. CIT v. Silver Line (2016) 383 ITR 455 (Del).

As a consequence, no substantial question of law arises.

The appeals are dismissed.

Paid content

Become a Basic or Premium Member, or log in if you are already a Basic or Premium member.

Advertisement

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.