Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (10) TMI 975 - ITAT DELHIReopening of assessment - deemed dividend addition - AO invoked the provisions of section 150 for issuing the impugned notices - as argued assessment made by AO in the assessment order in the hands of the assessee is invalid without giving any opportunity of being heard to the assessee - HELD THAT:- As higher appellate forums have upheld the findings of the CIT(A) that addition u/s 2(22)(e) can be made only in the hands of the registered shareholders. If the addition has to be done in the hands of other persons, as per the directions of CIT(A), the prescription of law has to be followed. In the present case, admittedly, the directions have been issued without giving any opportunity to the assessee as contemplated by Explanation of Section 3 of Section 153 and as observed in [2022 (4) TMI 346 - BOMBAY HIGH COURT] Hence, assessee’s appeals stand allowed.
|