Case Law Details
Midway Exim Pvt. Ltd. Vs ITO (ITAT Delhi)
Abstract: This article provides an in-depth analysis of an appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals) for Assessment Year (AY) 2011-12. The grounds of appeal cover various legal and procedural aspects, challenging the validity of the assessment and disputing additions made by the Assessing Officer (AO). The article delves into each ground raised by the assessee, evaluating the arguments presented and examining the decisions made by the tax authorities.
1. Introduction: The appeal arises from the assessment order for AY 2011-12, where the AO, after reopening the case under sections 147/148 of the Income Tax Act, made substantial additions under section 68 of the Act. The grounds of appeal touch upon procedural irregularities, jurisdictional issues, and substantive matters related to the additions made.
2. Grounds of Appeal: The assessee raises multiple grounds in its appeal, challenging the assessment on various legal and factual fronts. The primary grounds include:
2.1. Lack of Notice under Section 143(2): The assessee contends that the assessment under section 147/143(3) is invalid as the AO failed to issue a notice under section 143(2) against the return of income filed in response to the notice under section 148. Additionally, it challenges the issuance of a notice under section 143(2) before filing the return.
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