2022 (11) TMI 1478 - HC - Income Tax

Validity of reopening of assessment - reason sought by the Petitioner for reopening was not supplied - HELD THAT - In the response fled by the revenue it is admitted that the reasons sought for by the Petitioner were not furnished despite having fled the return in response to the notice u/s 148 and therefore under those circumstances it is stated that the Order of assessment be set aside. Be that as it may in view of the specifc averments which remained un-controverted and rather admitted by the Respondents the assessment Order is set aside and the matter remanded to jurisdictional assessing offcer for passing Orders afresh in accordance with law. WP allowed.

Summary

The High Court of Bombay set aside the assessment order dated 3 March 2022 passed under Section 147 of the Income Tax Act, 1961, as the reasons for reopening the assessment were not provided to the Petitioner. The matter is remanded to the assessing officer for fresh orders. The Writ Petitions are disposed of accordingly.