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2024 (4) TMI 839 - HC - Income TaxValidity of reopening of assessment u/s 147 - shorter period to reply to notice - effectively only six working days were given to reply and hence Petitioner was unable to file a reply - as argued that if Petitioner is given an opportunity to reply to the notice u/s 148A(b) she is confident that she will be able to satisfy the AO that the notice u/s 148A(b) will have to be dropped - HELD THAT:- Considering the facts and circumstances of the case that Petitioner is a Public Trust and running a school, in our view, Petitioner should be given an opportunity to reply to the notice. In the circumstances, without expressing any opinion on the merits of the matter, we hereby quash and set aside the impugned order passed u/s 148A(d) of the Act and remand the matter for de novo consideration. The consequent notice dated 25th March 2022 u/s 148 of the Act also hereby quashed and set aside. Within four weeks of this order being uploaded, Petitioner shall reply to the notice issued u/s 148A(b) - To the reply, Petitioner may also annex documents which have to be taken into account while deciding the matter.
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