2022 (9) TMI 197 - Income Tax

Validity of Reopening of assessment u/s 147 - sufficient time as per Section 148A(b) - whether respondent authority has not given sufficient time as per Section 148A(b)? - assessing authority can grant time from 7 to 30 days - HELD THAT:- As legislature has given time schedule to assessing authority from 7 days to 30 days, as such, there is no impediment on part of assessing authority to grant such time between 7 to 30 days, as the assessing authority has not considered the request of the petitioner for grant of 30 days time and also not assigned any reason why he has given the time prescribed under the Act, 1961 i.e. 7 to 30 days, considering the law laid down by Hon'ble High Court of Delhi in Ester Industries Ltd. [2022 (6) TMI 245 - DELHI HIGH COURT] the impugned order dated 30.03.2022 (Annexure P/4) under clause (d) of Section 148A is set aside.

The petitioner is directed to submit clarification within 15 days from today. Till the assessing authority passed order considering the clarification of the petitioner within 15 days and passed order under clause (d) of Section 148A of the Act, 1961, the notice dated 17.03.2022 (Annexure P/1) issued under Section 148A (a) of the Income Tax Act, 1961, shall not be given effect.

Respondents are directed to open the e-portal to enable the petitioner to upload its reply. In the event, the assessing officer wants clarification or would like the petitioner's response to any specific information received by the revenue, it shall be open to give the supplementary notice - Also directed to pass a reasoned order within eight weeks after duly considering the reply filed by the respondent.