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2022 (5) TMI 1231 - GUJARAT HIGH COURTValidity of Reopening of assessment u/s 147 - Mandation of considering objections raised by the writ applicant - HELD THAT:- We should remit the matter to the Assessing Officer for fresh consideration of the objections raised by the writ applicant. We are not convinced with the manner in which the Assessing Officer has dealt with the objections raised by the writ applicant – assessee. The writ applicant in so many words has tried to explain that the difference between the cash deposited and the sales shown is due to the VAT component in the cash deposited. According to the writ applicant, it is not a part of sales but shown separately as a liability. Whatever may be the worth of the explanation put forward by the writ applicant, it is expected of the Assessing Officer to apply his mind and decide the same accordingly. All that the Assessing Officer has said while disposing of the objections is that it is not an appropriate time to discuss the genuineness of the transactions on merits. We partly allowed this writ application. The impugned notice and the order disposing of the objections are hereby quashed and set aside. The matter is remitted to the Assessing Officer for fresh consideration of the objections.
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