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2021 (8) TMI 1294 - MADRAS HIGH COURTValidity of reopening of assessment u/s 147 - condition precedent for re~opening of an assessment under Section 147 of the Act is not satisfied in the present case - HELD THAT:- An order of assessment under Section 143(3) had been passed at the original instance and thus the proviso to Section 147 would stand attracted and would have to be satisfied. The proviso casts responsibility upon the Department to establish that the escapement of income alleged has been occasioned by virtue of the assessee not having made a full and true disclosure of its taxable income in its return of income/in the course of original assessment. Also attention drawn to the reasons recorded, communicated on 09.07.2021, wherein, in both the points cited as being the basis for the impugned re~assessment, reference is made to verification of the records of assessment including Form 3CD of the audit report. Thus, and prima facie, the documents relied upon in support of proceedings for re~assessment are very much part of the records. According to the petitioner, there is no other, let alone tangible material, that has been discerned to justify the impugned proceedings. As the petitioner has, and rightly, filed an objection to the assumption of jurisdiction before the Assessing Authority and orders are awaited in regard to the same, it would be appropriate that the procedure for re-assessments, as set out by the Hon’ble Supreme Court in the case of GKN Drive Shafts[2002 (11) TMI 7 - SUPREME COURT] is complied with. Since the impugned proceedings are yet to culminate in a speaking order on the aspect of jurisdiction, I am of the view that this Writ Petition is pre-mature and that the petitioner should await passing of the speaking order. Let the respondent hear the petitioner and pass orders on the objections dated 12.07.2021 within a period of four (4) weeks from today.
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