Court affirms writ petition approval, stresses mandatory objection consideration under Income Tax Act.

The Court dismissed the appeal, affirming the Single Judge's decision to allow the writ petition. It emphasized the mandatory nature of considering objections before final assessment orders under Section 292(B) of the Income Tax Act, 1961. The Court found the Assessing Officer had not addressed the objections raised by the assessee in a timely manner, rushing the proceedings to meet the deadline. Consequently, the appeal was rejected without costs.

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Issues: Appeal against order allowing assessee's writ petition challenging final assessment order passed without following mandatory procedure for disposal of objections under Section 292(B) of the Income Tax Act, 1961.

Analysis:
1. Background and Facts: The Revenue filed an intra Court appeal against the order allowing the assessee's writ petition challenging the final assessment order passed by the Assessing Officer (AO) without following the mandatory procedure. The AO issued a notice under Section 148 of the Income Tax Act on 23.03.2018, and the assessee sought reasons on 10.04.2018. The final assessment order was passed on 28.12.2018 without addressing the objections raised by the assessee.

2. Appellant's Submission: The Revenue argued that the defect in not furnishing reasons earlier was curable under Section 292(B) of the Act. They relied on a case where a similar matter was remanded to the AO. The Revenue contended that the objections were discussed with the assessee before passing the final order, and thus, the appeal should be allowed.

3. Respondent's Argument: The respondent argued that the mandatory procedure for disposal of objections before proceeding with the assessment was not followed, citing a relevant case law. They emphasized that the AO did not adequately consider the objections raised by the assessee, and therefore, the appeal should be dismissed.

4. Court's Analysis: The Court examined the sequence of events and found that the AO did not address the objections raised by the assessee in a timely manner. The AO hurriedly completed the proceedings between 18.12.2018 and 28.12.2018 to meet the deadline. The Court noted that the procedure for disposal of objections was mandatory, as established in previous judgments.

5. Decision: The Court dismissed the appeal, stating that there was no error in the Single Judge's decision to allow the writ petition. The Court emphasized that the provision requiring the AO to consider objections before passing the final order is mandatory. As a result, the appeal was rejected without costs.

This detailed analysis highlights the key arguments presented by both parties, the Court's examination of the facts and legal precedents, and the final decision reached by the Court in dismissing the appeal.

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