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Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
<h1>Taxpayers' Objections Must Be Considered Before Reassessment under Income Tax Act, Section 148; Premature Notices Avoided.</h1> The HC directed the respondents to consider the petitioner's objections to the Notice issued under Section 148 of the Income Tax Act, 1961, before ... Reopening of assessment - reassessment proceedings - notice under Section 148 of the Income Tax Act, 1961 - notice under Section 142(1) of the Income Tax Act, 1961 - objections to reasons recorded for reopening - consideration of objections before proceeding with reassessmentObjections to reasons recorded for reopening - consideration of objections before proceeding with reassessment - reassessment proceedings - Objections filed by the petitioner against the reasons recorded for reopening were required to be considered by the assessing authority before any further steps in the reassessment proceedings. - HELD THAT: - The Court recorded that the petitioner had filed objections to the reasons recorded for reopening the assessment and that the respondent had issued a notice under Section 142(1) without dealing with those objections. On enquiry, the respondent's counsel candidly stated that the objections remain pending consideration. In view of this admitted non-consideration, the Court directed that the respondents must take into consideration the objections filed by the petitioner before proceeding further with the reassessment proceedings, and disposed of the petition subject to that direction. The order vindicates the procedural requirement that objections to reasons recorded for reopening be considered prior to continuation of reassessment steps. [Paras 4, 5]The petition is disposed of by directing the respondents to consider the petitioner's objections to the reasons recorded for reopening before proceeding further with the reassessment for A. Y. 2013-14.Final Conclusion: The High Court disposed of the petition by directing the assessing authority to consider the objections filed by the petitioner to the reasons recorded for reopening and restrained further reassessment action until such consideration is completed. The petitioner sought to quash the Notice dated 23.3.2020 under Section 148 of the Income Tax Act, 1961. The respondent issued a Notice under Section 142(1) without considering the objections. The court directed the respondents to consider the objections before proceeding with the reassessment. The petition was disposed of with this direction.
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