Natural Justice Violations in Income Tax Cases

Quick Summary

This Income Tax Appellate Tribunal case involves an assessee company that received shares at a premium. The Assessing Officer made an addition under Section 68 of the Act due to the assessee's non-appearance and the failure of share subscriber companies' directors to attend summons. The Commissioner of Income Tax (Appeals) also passed an ex-parte order. The assessee argued that notices were sent to a wrong address, preventing their appearance. The Tribunal considered restoring the case to the Assessing Officer for fresh adjudication, provided the assessee cooperates fully.

Court :
ITAT Kolkata

Brief :
This appeal filed by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals) - 3, (hereinafter the “ld. CIT(A)”), passed u/s. 250 of the Income Tax Act, 1961 (the ‘Act’), dt. 07/09/2018, for the Assessment Year 2012-13.

Citation :
ITA No. 2525/Kol/2018

Daily Limit Reached