Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2024 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (5) TMI 504 - ALLAHABAD HIGH COURTReopening of assessment - two simultaneous assessments proceedings initiated against the same transaction amount - penalty notice u/s 271 AAC issued on an uncertain Assessment Order - as submitted by petitioner that in case of search of premises/offices of Omaxe Group, some papers have been discovered by the authorities then Section 153A and 153C would apply and not Section 147 and 148 - HELD THAT:- This Court is of the opinion that the impugned notice for AY 2019-20 u/s 148(A) (d) and the Final Order passed u/s 148(A) (d) on 27.03.2023 for AY 2019-20 can both be looked into in appeal that is pending before the Commissioner of Income Tax. The protective Assessment Order that has been issued u/s 147 read with Section 144 B, has also been challenged in an appeal before the CIT. A show cause notice issued for imposing penalty for AY 2019-20 which has been challenged could not have been issued unless the Assessment Order for the AY 2019-20 had been finalised in appeal. We have come to this conclusion on the basis of observations made in Bhailal [2014 (10) TMI 621 - GUJARAT HIGH COURT] The show cause notice does indeed say that in case the petitioner has filed an appeal or has filed objections, copy of such appeal/objections be submitted along with the answers by the Assessee but the time limit for such submission has already expired. The petitioner has not submitted any reply to the show cause notice for imposing penalty as the petitioner had challenged the jurisdiction of the Assessing Officer in issuance of such show cause notice only on the basis of a protective Assessment Order. We have not been shown any document to say that even after time limit i.e. 25.04.2024 has expired, any final penalty has been imposed u/s 271AAC therefore, this Court is of the opinion that no such final orders imposing penalty should be passed till the appeal of the petitioner is decided by the CIT - Petitioner is at liberty to approach the AO and file a detailed reply along with documents to the notice issued u/s 271 AAC (1).
|