Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2022 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (2) TMI 1302 - HC - Income TaxReopening of assessment u/s 147 - Reasons to believe - non disposing of the objections filled against reassessment - HELD THAT:- As perused the materials available on record, including the order impugned in these writ appeals, which disclosed that the learned Judge after hearing the parties and upon examining the documents produced, was of the view that there was procedural irregularity and the guidelines framed by GKN Driveshafts (India) Ltd case [2002 (11) TMI 7 - SUPREME COURT] were not followed, while conducting the reassessment proceedings by the respondent; and therefore, set aside the reassessment orders and remanded the matter to the assessing officer to pass orders afresh, after complying with the required procedure as laid down under the law. This court finds no infirmity or illegality in the order so passed by the learned Judge, warranting interference. Appellants drew the attention of this court to paragraph 13 of the order impugned herein, wherein, it was stated that “the matters are remitted back to the respondent to pass orders afresh on merits” and pointed out that there was no reference for considering the objections filed by the appellants. Hence, the learned counsel sought liberty to the appellants to file additional objections and prayed for appropriate direction to the respondent in this regard. Respondent fairly submitted that the proceedings shall be carried out by the respondent after following the procedure as stipulated in the decision of the Supreme Court in GKN Driveshafts (India) Ltd (supra) and hence, there is no need to apprehend about the conduct of the reassessment proceedings by the respondent. Recording the aforesaid submissions made by the learned senior panel counsel appearing for the respondent, this court grants liberty to the appellants to file additional objections, if any, within a period of two weeks from the date of receipt of a copy of this judgment. Thereafter, the respondent shall consider each and every points raised in the earlier objections as well as the additional objections, if any, to be filed by the appellants and pass orders afresh, after following the procedure as laid down in GKN Driveshafts (India) Ltd case [2002 (11) TMI 7 - SUPREME COURT] within a period of sixty days. Except the same, there is no modification in respect of the order passed by the learned Judge, which is impugned herein.
|