TMI Blog2022 (2) TMI 1302X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent; and therefore, set aside the reassessment orders and remanded the matter to the assessing officer to pass orders afresh, after complying with the required procedure as laid down under the law. This court finds no infirmity or illegality in the order so passed by the learned Judge, warranting interference. Appellants drew the attention of this court to paragraph 13 of the order impugned herein, wherein, it was stated that the matters are remitted back to the respondent to pass orders afresh on merits and pointed out that there was no reference for considering the objections filed by the appellants. Hence, the learned counsel sought liberty to the appellants to file additional objections and prayed for appropriate dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellants, they are assesses on the file of the respondent. They duly filed their return of income for the assessment year 2012-13 electronically on 09.07.2012, which were processed under section 143(1) of the Income tax Act, 1961. As far as the case of the appellant in WA.No.249 of 2022 is concerned, after scrutiny of the return of income, the respondent passed the assessment order dated 01.07.2014 under section 143(3) of the Act, making addition towards long term capital gain, to the extent of her 50% undivided share on sale of property in pursuance of the unregistered Joint Development Agreement dated 01.05.2007. With respect to the case of the appellant in WA.No.250 of 2022, the assessment was reopened and re-assessment order was pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer and another [259 ITR 119 (SC)] . Thereafter, they received reassessment orders dated 30.12.2019 confirming the addition of income based on the alleged escapement of long term capital gain income and also notices under section 271(c) for initiating the penalty proceedings. 2.Aggrieved over the orders of reassessment passed by the respondent, the appellants filed WP Nos.1604 and 1606 of 2020 to quash the same as illegal, without jurisdiction, barred by limitation and against the principles of natural justice. By order dated 30.11.2021, the said writ petitions were disposed of by the learned Judge, in the following terms: 13. Considering the same, the impugned orders are set aside and the matters are remitted back to the respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised in the said objections. It is further submitted that the reasons recorded for reopening the assessment for the year 2012-13 are mere change of opinion based on the records available in the assessment file; there is no new and tangible material available for reassessment; and that, there was no specific finding as regards the reasons to believe that the income had escaped assessment to tax. After having duly checked, verified, considered and scrutiny of necessary documents, assessment orders were passed not only for the assessment years 2008-09, 2009-10 and 2011-12, but also for the assessment year in question. Without considering these aspects, the learned Judge, instead of quashing the reassessment orders, remanded the matter to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted back to the respondent to pass orders afresh on merits and pointed out that there was no reference for considering the objections filed by the appellants. Hence, the learned counsel sought liberty to the appellants to file additional objections and prayed for appropriate direction to the respondent in this regard. 7.In reply, the learned senior panel counsel appearing for the respondent fairly submitted that the proceedings shall be carried out by the respondent after following the procedure as stipulated in the decision of the Supreme Court in GKN Driveshafts (India) Ltd (supra) and hence, there is no need to apprehend about the conduct of the reassessment proceedings by the respondent. 8.Recording the aforesaid submission ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
