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

No Addition for Bogus Entity/Accommodation Entries Without Issuing SCN: Delhi HC

Case Law Details

TaxGuru Citation
2025 taxguru.in 1410
Case Name
Vivo Mobile India Private Limited Vs ACIT & Anr. (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-19
Advertisement

Vivo Mobile India Private Limited Vs ACIT & Anr. (Delhi High Court)

The Delhi High Court has set aside the reassessment proceedings initiated against Vivo Mobile India Private Limited for Assessment Year (AY) 2018-19, ruling that the Assessing Officer (AO) becomes functus officio after the completion of an assessment. The court observed that to regain jurisdiction for reassessment, the AO must provide relevant incriminating material to the assessee before proceeding, ensuring adherence to the principles of natural justice.

Read SC Judgment in this case: SC Set Aside Reassessment Notice Due to Non-Disclosure of Material Facts by Revenue

The case stemmed from a notice issued under Section 148A(b) of the Income Tax Act, 1961, based on information regarding bogus capital expenses linked to a fictitious entity, M/s. Zhongmao (India) Eng. Pvt. Ltd. Vivo India clarified that its transactions were with M/s. Zhonghua (India) Eng. Pvt. Ltd., not Zhongmao. The Revenue, upon physical verification, found no such entity operating at the stated address and concluded it was a paper entity facilitating accommodation entries. Subsequently, an order under Section 148A(d) was passed, disallowing ₹7.35 crore in expenses and initiating reassessment under Section 148.

The High Court noted that the initial show cause notice did not include allegations regarding the non-existence of M/s. Zhonghua (India) Eng. Pvt. Ltd., depriving the petitioner of an opportunity to respond. Citing Sahara India (Firm) vs. CIT (2008) 14 SCC 151, the court reiterated that natural justice principles apply to tax proceedings unless explicitly excluded by law. It also referred to Grindlays Bank Plc. v. CIT (1990 SCC OnLine Cal 396), emphasizing that an AO cannot reopen a concluded assessment unless statutory conditions are met.

Paid content

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

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,910

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