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2009 (7) TMI 8 - MADRAS HIGH COURTReassessment - Notice under section 148 reason for reopening the assessment opportunity of personal hearing on 04-08-2006 department has issued a notice under Section 148 seeking to reassess the income under Section 147 of the Act. The petitioner, vide its letter dated 17.08.2006 had sought for the reason for reopening the assessments. Department stated that certain income chargeable to tax has escaped assessment assessee challenged the notice issued under Section 148 before the HC HC directed the department not to proceed with the assessment pending disposal of the interim applications, the department went ahead and completed the impugned assessments on the plea that the same was getting time barred without affording the petitioner a personal hearing. Held that the impugned order dated 31.12.2007 passed by the CIT is set aside and the matter is remanded to the respondent for fresh assessment and the respondent is directed to pass orders on the fresh assessment after affording an opportunity of hearing to the petitioner.
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