Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (1) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 46 - HC - Income TaxReopening of assessment u/s 147 - proceeding u/s 148A - violation of not only the statutory provisions, but has also basic principles of natural justice - as argued AO has virtually not considered the reply of the petitioner received in response to the show cause notice u/s 148A(b), also AO has not passed a speaking order under Section 148A(d) and has not dealt with each and every objection - HELD THAT:- As guidelines only explain what is required of an Assessing Officer while complying with the provisions of Section 148A along-with its sub clauses i.e. Clauses a to d. The guidelines otherwise also clearly state that these are only indicative and not exhaustive and the Assessing Officer may take suitable decision on a case to case basis qua the situations not specified in these guidelines. Accordingly, in view of the aforesaid discussion and reasons stated, the present petition is allowed and the impugned order issued under Clause 8 of the Income Tax Act, 1961 (Annexure P-5) is quashed. The respondents are directed to furnish additional material in support of the allegations made in the notice dated 19.03.2022 (Annexure P-3) within four weeks, including the reports, if any. Thereafter, the Assessing Officer shall decide the matter in accordance with law.
|