2021 (7) TMI 1463 - HC - Income Tax

Validity of reopening of assessment proceedings - non considering the objections filed by the petitioner against the reasons recorded for reopening - HELD THAT - The Coordinate Bench while issuing Notice on 16.4.2021 had granted ad-interim relief directing the respondent No.1 not to proceed further with the reassessment proceedings without dealing with the objections filed by the petitioner. This Court 2021 (6) TMI 1177 - GUJARAT HIGH COURT had directed the learned Standing Counsel Mrs.Mauna Bhatt appearing for the respondent No.1 to take specific instruction as to whether the objections filed by the petitioner against the impugned Notice have been dealt with by the concerned respondent or not. Today as respondent has stated that the objections in question filed by the petitioner have not been dealt with by the respondent and they are pending under consideration. Present petition is required to be disposed of by directing the respondents to take into consideration the objections filed by the petitioner before proceeding further with the reassessment proceedings and accordingly the same is directed.

Summary

The petitioner sought to quash the Notice dated 23.3.2020 under Section 148 of the Income Tax Act, 1961. The respondent issued a Notice under Section 142(1) without considering the objections. The court directed the respondents to consider the objections before proceeding with the reassessment. The petition was disposed of with this direction.