2023 (7) TMI 1211

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....at the petitioner filed its return of income for the assessment year in question within the due date and the same was processed accepting the return. Thereafter, Ext.P4 notice was issued to the petitioner on 25.06.2021 under Section 148 of the Income Tax Act, 1961 and the petitioner was required to show cause as to why the reassessment proceedings should not be continued in terms of the judgment of the Supreme Court which held that all notices issued under Section 148 of the Income Tax Act on or after 01.04.2021 shall be governed by the provisions introduced by way of amendment w.e.f 01.04.2021. 2. The petitioner submitted a reply to the show cause notice. After affording to the petitioner an opportunity of hearing, Ext.P7 order has been i....

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....eration. 4. The learned Standing Counsel appearing for the respondent Department submits that there is absolutely no violation of natural justice in as much as every possible opportunity was extended to the petitioner and he was personally heard before Ext.P7 order was passed. It is submitted that Ext.P7 order itself shows that the contentions taken by the petitioner with reference to bank accounts had to be examined minutely in the assessment proceedings and therefore, the reassessment proceedings have to continue to determine whether any income has escaped assessment. It is submitted that the petitioner is not prejudiced by Ext.P7 order as the petitioner will get a full opportunity at the time of reassessment. It is submitted that the de....

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....ety (supra), the Delhi High court has taken the view that since the final order proposing to proceed with the reassessment proceedings was issued without considering the reply filed by the petitioner in that case, on 03.04.2022, the order had to be quashed and the matter had to be remanded for consideration of the authority. In Divya Capital One Private Limited (supra), the Court finds that the order had been passed in violation of principles of natural justice as the petitioner in that case was not given a reasonable time to file a reply. These situations are completely different from the fact situation in this case and therefore, I am of the view that the law laid down in the judgments of the Delhi High Court, which have been referred to ....