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

Addition Remanded Due to Lack of Proper Opportunity

Case Law Details

TaxGuru Citation
2025 taxguru.in 13101
Case Name
Royalux Lighting LLP Vs Assessment Unit (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2022-23
Advertisement

Royalux Lighting LLP Vs Assessment Unit (ITAT Delhi)

Assessment Passed Without Considering Reply Set Aside: Delhi ITAT Restores Matter to AO for De-Novo Adjudication

Delhi ITAT set aside the assessment order passed u/s 143(3) r.w.s. 144B and the consequential NFAC order, holding that the AO failed to consider the Assessee’s replies before completing the assessment, in violation of principles of natural justice.

The Assessee had filed its return declaring income of ₹19.32 lakh. The AO completed assessment making an addition of ₹22.70 lakh. During the course of faceless assessment, the Assessee had filed detailed replies on 18.03.2024 and 19.03.2024, however, the assessment order was passed on 21.03.2024 without considering those replies.

The Tribunal noted that despite the Assessee’s submissions being available on record, the AO proceeded to pass the order in haste. Further, the CIT(A), NFAC also failed to adjudicate the appeal on merits after granting effective opportunity of hearing.

Holding that such an approach vitiates the assessment proceedings, the ITAT restored the matter to the file of the AO with a direction to frame the assessment afresh after duly considering the Assessee’s replies and after providing proper opportunity of being heard.

Result: Appeal partly allowed for statistical purposes; matter remanded to AO for de-novo assessment.

FULL TEXT OF THE ORDER OF ITAT DELHI

Paid content

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

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,926

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