Court remands Income Tax Act order for 2017-18 assessment, granting petitioner right to further proceedings The court set aside the order under Section 148A(d) and notice under Section 148 of the Income Tax Act for the assessment year 2017-18, remanding the ...
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Court remands Income Tax Act order for 2017-18 assessment, granting petitioner right to further proceedings
The court set aside the order under Section 148A(d) and notice under Section 148 of the Income Tax Act for the assessment year 2017-18, remanding the matter back to the Assessing Officer for reconsideration within four weeks. The petitioner was given the liberty to pursue further proceedings if dissatisfied with the decision. The respondents accepted the court's notice and did not object to the remand.
Issues: Challenge to order under Section 148A(d) and notice under Section 148 of the Income Tax Act, 1961 for assessment year 2017-18.
Analysis: The petitioner challenged an order dated 31st July, 2022 passed under Section 148A(d) along with a notice issued under Section 148 of the Income Tax Act, 1961 for the assessment year 2017-18. The petitioner contended that the order sought to reopen the assessment alleging an escapement of income due to the erstwhile company being a non-filer. However, the petitioner argued that the erstwhile company had amalgamated with the petitioner resulting in the merger of all transactions, including the impugned ones, which were duly disclosed, offered to tax, and assessed by the revenue. The petitioner also highlighted that the assessment under Section 143(3) had already been finalized for the relevant assessment year. The respondents were accused of wrongfully passing the order under Section 148A(d) without considering these contentions and dropping similar proceedings for the erstwhile company for the assessment year 2018-19, thereby contradicting their own stand.
The court issued notice to the respondents, who accepted it and stated no objection to remanding the file back to the Assessing Officer for fresh consideration. Consequently, the court set aside the impugned order under Section 148A(d) and the notice under Section 148, remanding the matter back to the Assessing Officer for a fresh decision within four weeks. The petitioner was granted the liberty to file appropriate proceedings if aggrieved by the decision. As a result, the present writ petition along with applications was disposed of accordingly.
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