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M/s. KOTHARI METALS Versus INCOME TAX OFFICER, WARD 1 (4) , BANGALORE

2015 (8) TMI 925 - KARNATAKA HIGH COURT

Reopening of assessment - Held that:- Re-opening of assessment under Section 143 of the Act was itself bad in law, we set-aside the order passed by the writ Court and as well as the re-assessment order dated 31.01.2014. Accordingly , this appeal as well as the writ petition stand allowed.

The question of non-furnishing the reasons for re-opening an already concluded assessment goes to the very root of the matter. Besides this, it is not disputed that the statement of some other person .....

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ARISH V.S., ADV., FOR THE RESPONDENT : SRI K.V.ARAVIND, ADV., A/W SRI E.I.SANMATHI, ADV JUDGMENT This is an appeal filed by the assessee against the judgment and order dated 11.12.2014 passed by the learned Single Judge in W.P.No.14670/2014 whereby the petition challenging the notice under Section 148 of the Income Tax Act, 1961 (for short the Act ) has been dismissed on the ground of availability of alternative remedy. 2. The brief facts of this case are that for the assessment year 2006-07 the .....

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nce of notice under Section 148 of the Act. Even when no reason for the issuance of the notice was furnished to the appellant, the Assessing Officer commenced proceedings for re-assessment of the income of the assessee/appellant for the said assessment year and issued questionnaire under Section 142(1) of the Act. 3. From the questionnaire issued to the assessee, it appears that re-opening of the assessment was on the basis of statement recorded by the Income Tax authorities of some other person .....

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ent order has now been passed on 31.01.2014, the same can be challenged in appeal and, as such dismissal of the writ petition on the ground of availability of alternative remedy is perfectly justified. 5. We have heard learned counsel for the parties and perused the record. 6. The question of non-furnishing the reasons for re-opening an already concluded assessment goes to the very root of the matter. After filing of the return in response to the notice issued under Section 148 of the Act or on .....

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