Audit-objection-based s.147 reassessment reopening challenged for lack of independent AO satisfaction; notice quashed, appeal dismissed Reopening of assessment under s.147 based on audit objections was challenged as lacking the AO's independent application of mind and amounting to borrowed ...
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Audit-objection-based s.147 reassessment reopening challenged for lack of independent AO satisfaction; notice quashed, appeal dismissed
Reopening of assessment under s.147 based on audit objections was challenged as lacking the AO's independent application of mind and amounting to borrowed satisfaction. The HC found no material indicating the AO's subjective satisfaction; instead, the notice was issued solely at the audit party's instance, rendering the reassessment a colourable exercise of jurisdiction and invalid. The SC declined to interfere with the HC's finding and dismissed the special leave petition, thereby sustaining the quashing of the reopening.
Delay was condoned. The Court declined to exercise its discretionary jurisdiction under Article 136, holding: "We are not inclined to interfere with the impugned judgment and order of the High Court; hence, the special leave petition is dismissed." Consequently, all pending interlocutory application(s), if any, "shall stand disposed of."
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