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2023 (1) TMI 276 - HC - Income TaxReopening of assessment us 147 - petition has been filed in the name of the dissolved partnership firm - petitioner has received an accommodation entry - notice issued u/s 148A(b) indicated that the petitioner firm had been dissolved way back on 21.01.2008, and that this information had been furnished to the respondent/revenue - HELD THAT:- There is a flaw in the manner in which the petition has been framed. The petition has been filed in the name of the dissolved partnership firm, whereas it should have been filed by the individuals, who are partners of the dissolved firm. The affidavit appended to the writ petition, however, has been filed by Mr Abhishek Sahai and Mr Ajit Sahai, who claim to be the ex-partners of the petitioner arrayed before us i.e., Empire Trading Company. Given the fact, that the affiants are the former partners of the petitioner, this defect, in our view, can be ignored. In view of what has been observed by us hereinabove, Mr Shailendra Singh cannot but accept, that the material in possession of the concerned assessing officer should have been furnished to the noticee. Thus, having regard to the foregoing, we are inclined to set aside the order passed under Section 148A(d) of the Act, and the notice of even date i.e., 30.07.2022 issued under Section 148 of the Act. The partners of the petitioner i.e., Mr Abhishek Sahai and Mr Ajit Sahai and/or their authorized representatives will appear before the concerned assessing officer on 09.01.2023, at 11:00 AM. The concerned assessing officer will furnish the material in his possession to the aforementioned partners, and afford them an opportunity to have their say placed before him. AO thereafter, will pass a speaking order, as per law.
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