Akasaki Technology Pvt Ltd Vs PCIT (Delhi High Court)
Akasaki Technology Pvt Ltd (“the appellant”), a private limited company, challenged the orders of the Income Tax Appellate Tribunal (“ITAT”) and the Commissioner of Income Tax (Appeals) [“CIT(A)”]/National Faceless Appeal Centre relating to the Assessment Year 2012-13 before the Delhi High Court. The appeal concerned the assessment order passed on 24 December 2019 under Section 144 read with Section 147 of the Income Tax Act, 1961 (“Act”) after reopening the appellant’s income. The appellant had originally declared total income of ₹48,51,840 for the relevant year in its return filed on 28 September 2012. The case was reopened under Section 147 after obtaining necessary approvals, and a notice under Section 148 was served on 31 March 2019 through the ITBA portal. The appellant requested reasons for reopening, which were provided on 9 September 2019. A notice under Section 142(1) was issued to the appellant, to which it filed two replies.
The Assessing Officer (“AO”) subsequently passed the assessment order on 24 December 2019, making additions of ₹8,38,50,800. The appellant challenged this order before the CIT(A), who, on 25 October 2024, set aside the assessment order and remanded the matter to the AO for fresh adjudication, directing the AO to provide an adequate opportunity of being heard. Aggrieved by this direction, the appellant appealed before the ITAT.
