TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>Reassessment proceedings u/s147 during ongoing stay against further action after s.148A(d) order; reassessment quashed as invalid.</h1> The dominant issue was whether a reassessment order under s.147 could stand when passed despite an operative HC stay restraining any further proceedings ... Validity of reopening of assessment as barred by limitation - re-assessment proceeding are beyond six years - order passed contrary to the specific order of stay granted by this Court restraining from any further proceeding subsequent to the order u/s 148A(d) [2023 (3) TMI 1608 - CALCUTTA HIGH COURT] - HELD THAT:- Income Tax Authority is not in a position to contradict the aforesaid allegation of the petitioner that the aforesaid impugned order has been passed in spite of specific stay of further proceeding granted by this Court on 15th March, 2023. Considering the facts and circumstances of the case as appears from record and submission of the parties, the aforesaid impugned assessment order under Section 147 of the Act dated 30th May, 2023 is quashed. The writ petition challenged an assessment order dated 30 May 2023 passed under Section 147 read with Section 144 of the Income Tax Act, 1961 for assessment year 2013-14, contending it was issued 'contrary to the specific order of stay' granted earlier by the Court. The stay order dated 15 March 2023 had restrained the revenue 'from any further proceeding subsequent to the order under Section 148A(d)' in relation to the reassessment process. The Income Tax Authority did not dispute that the impugned assessment order was made despite the subsisting judicial restraint; it was 'not in a position to contradict' the allegation that the order was passed 'in spite of specific stay of further proceeding.' On that basis, and 'considering the facts and circumstances of the case as appears from record,' the Court held the assessment order could not stand and ordered that 'the aforesaid impugned assessment order under Section 147 of the Act dated 30th May, 2023 is quashed.' The writ petition was disposed of accordingly.
TaxTMI 
TaxTMI 
