Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 542 - HC - Income TaxReopening of assessment - depreciation claim on dealer network and vendor network was not dwelt with during the original assessment under Section 143(3) - Held that:- Petitioner did not file any objections to the reasons for the reopening of the above assessments. Thus in the absence of any objection to the reopening, the question of disposing the objections by passing a speaking order before proceeding with the assessment as contemplated by the Apex Court in the case of GKN Driveshafts [2002 (11) TMI 7 - SUPREME Court] does not arise. On the other hand the Petitioner having participated in the re-assessment proceedings in pursuant to issuance of notices u/s 143(2), the impugned orders were passed u/s 143(3) read with section 147 in accordance with law. In this regard, it is worthwhile to refer to the decision of this Court, in the case of “DR. C.M.K. Reddy vs. Settlement Commission and Ors” [2008 (4) TMI 242 - MADRAS HIGH COURT] by following the decisions of the Apex Court in “Jai Narain Parasrampuria vs. Smt. Pushpa Devi Saraf” (2006 (8) TMI 527 - SUPREME COURT OF INDIA) as held having so participated and obtained an adverse order, now it is not open to him to turn around and contend that in the absence of the report of the CIT under s. 245D(1), the order non-suiting the petitioner for settlement is a procedural irregularity and liable to be set aside. The same is hit by the principle of acquiescence. Also as as against the impugned proceedings, the petitioner is having efficacious remedy of appeal under Section 246A of the Act before the Commissioner of Income Tax (Appeals) and without exhausting the same, the petitioner has approached this Court and hence, the present writ petitions are not maintainable - Decided against assessee.
|