Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 1291 - HC - Income TaxReopening of assessment u/s 148A(b) - period of limitation to respond to notice - Petitioner states that only three days’ time was granted to the Petitioner to respond as against the mandatory statutory period of at least seven days - HELD THAT:- Petitioner relies on the decision of this Court in Shri Sai Co-operative Thrift and Credit Society Ltd [2022 (5) TMI 1435 - DELHI HIGH COURT] wherein it has been held that under Section 148A(b) of the Act, a minimum time of seven days has to be granted to the Assessee to file its reply to the show cause notice. Issue notice. Respondent on instructions states that the Respondent-Revenue has no objection if the present matter is remanded back to the Assessing Officer for a fresh decision in accordance with law. Consequently, the impugned order passed under Section 148A(d) of the Act dated 30th March, 2022 for the Assessment Year 2018-19 is set aside and the Assessing Officer is directed to pass a fresh reasoned order in accordance with law after considering the reply of the Petitioner, which is directed to be filed within a week. This Court clarifies that it has not commented on the merits of the controversy.
|