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2023 (4) TMI 957 - HC - Income TaxReopening of assessment u/s 147 - Maintainability / entertainability of writ petition - According to the respondents, first respondent had passed assessment order u/s 144 read with Section 147 and such draft assessment order is subject to the provisions of Section 144C - HELD THAT:- An elaborate procedure is laid down in Section 144C of the Act. Assessing officer is under a mandate to forward a copy of draft order to the eligible assessee, whereafter the eligible assessee would have the opportunity to file objection. In the event objection is filed, the Dispute Resolution Panel shall issue directions to the assessing officer for his guidance to complete the assessment after considering, amongst others, the objections filed and evidence furnished by the assessee. The Dispute Resolution Panel has also the liberty to make further enquiry if it considers necessary. But before issuing such direction, the Dispute Resolution Panel shall have to provide an opportunity of hearing to the assessee if such directions are prejudicial to the interest of the assessee. As we have seen, the Dispute Resolution Panel is a high powered body comprising of three very senior officers of the Income Tax Department. The Dispute Resolution Panel is constituted by the Central Board of Direct Taxes. The eligible assessee, in this case the petitioner, has an effective remedy provided by the statute itself for ventilation of its grievance. Power of the High Court under Article 226 of the Constitution of India cannot be fettered by any statutory limitation, it being a constitutional power. The exceptions carved out are absent. Contentions raised by the first respondent that petitioner did not disclose fully and truly all material facts necessary for assessment and as a result, there is escapement of income from assessment for the assessment year 2011-2012, cannot simply be brushed aside. In such a case, it would be just and proper if the procedure prescribed under the statute is followed, in which event, petitioner would have all the opportunities and remedies to present its case. The present is not a fit case for invoking the writ jurisdiction under Article 226 of the Constitution of India and interdict the reassessment proceedings without allowing it to be proceeded as per procedure laid down under the law. However, since we have refused to entertain the writ petition on the point of statutory remedy available to the petitioner, we refrain from expressing any opinion on merit. Therefore, any observations made while coming to the aforesaid conclusion are only in the context of the present decision. Accordingly, all contentions are kept open.
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