9911796707
TMI Blog2022 (11) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... reasons recorded for reopening and the approval granted by the Respondent No.2; the assessment order and demand notice dated 30th March, 2022 and proceedings initiated pursuant thereto; the show cause notices dated 20th September, 2021 and 13th January, 2022 and the notice dated 25th March, 2022, show cause notice dated 30th March, 2022, issued by the Respondent No. 3 for imposition of penalty under Section 271(1)(c) of the Act, notice dated 07th June, 2021 issued under Section 148 of the Act for the Assessment Year 2013-14 and notices dated 18th May, 2022 and 23rd May, 2022. 2. Learned counsel for the Petitioner states that in the present case, two reassessment notices have been issued to the Petitioner under Section 148 of the Act for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o make compliance on or before 25th March, 2022 by 9:42 AM i.e. compliance date and time was set even prior to the date of issuance of notice. 5. Learned counsel for the Respondent-Revenue, on instructions states that notice dated 15th May, 2020 under Section 148 of the Act was issued by the Assessing Officer Ward 14(2), Delhi, as on the said date, the said Assessing Officer had jurisdiction over the Petitioner. He points out that since August, 2020, current Ward 14(1), Delhi, and Ward 14(2) had been merged. He also emphasizes that both the reassessment notices had been issued on the same information. He also states that there has been no violation of the principles of natural justice as the petitioner was given an oral hearing by way of a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 34(1)(a) of the Income Tax Act, 1922 seeking to reopen the assessment for AY 1946-47. While the said proceedings were pending, the Income Tax Act, 1961 came into force with effect from 1st April 1962. The challenge by the Assessee to the validity of the notice issued under the 1922 Act succeeded with the Bombay High Court quashing the said notice by the order dated 6th March 1963. Thereafter the Income Tax Officer issued a fresh notice on 26th March 1963 under Section 148 of the Act in respect of the very assessment which had sought to be reopened by the earlier notice under Section 34(1)(a) of the 1922 Act. The Supreme Court held that the proceedings initiated under Section 34 (1)(a) of the 1922 Act were pending at the time w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 18th May, 2022 and 23rd May, 2022 are quashed. 14. Further, the assessment order dated 30th March, 2022, as well as the demand and penalty notices dated 30th March, 2022 issued in pursuance to first reassessment notice dated 15th May, 2020, are quashed and the matter is remanded back for fresh decision by the Assessing Officer with a direction to first decide the objections filed by the Petitioner in accordance with the judgment of the Supreme Court in M/S GKN Driveshafts (India) Ltd. (supra) within eight weeks and thereafter carry out the assessment in accordance with law. 15. The Assessing Officer while disposing of the objections shall take into account the reply/response filed by the Petitioner dated 22nd July, 2021. If the 29th Mar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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