TaxTMI 
TaxTMI 
TaxTMI 
2022 (7) TMI 1451
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....spondent issued notices under Sections 143 (2) and 142 (1) of the Income Tax Act, 1961, (in short, 'the Act') on 28.08.2015 and 06.09.2016 respectively, to which, the appellant submitted their reply on 28.10.2016. 2.2. Thereafter, the second respondent referred the case to the Transfer Pricing Officer (TPO) inasmuch as there were international transactions involved. On 30.10.2017, the TPO submitted his report, based on which, the second respondent passed an order of assessment on 19.01.2018 accepting the return of income submitted by the appellant. 2.3. However, on 31.03.2021, the second respondent issued a notice under Section 148 of the Act for reopening the assessment. On receipt of the same, the appellant re-submitted their return of income on 20.04.2021 and sought reasons for reopening the assessment. 2.4. After a period of seven months, the second respondent issued a notice dated 13.12.2021 under Section 143 (2) read with Section 147 of the Act, providing a single line reply stating that "Capitalization of software expenses". Aggrieved over the same, the appellant submitted their objections on 27.12.2021 for reopening the assessment. 2.5. Without adverting to the ....
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....essing officer. However, the objections were rejected by the first respondent by order dated 06.01.2022. Challenging the notice issued under section 148 of the Act and the order rejecting the objections filed by the appellant, WP.No.7907 of 2022 came to be filed. During the pendency of the same, the second respondent issued a show cause notice dated 27.03.2022, proposing to pass the reassessment order, following which, assessment order dated 28.03.2022 came to be passed relating to the reassessment proceedings for the assessment year in question, which was challenged in WP.No.7929 of 2022. The learned Judge, after having found the assessment order to be exfacie void, since it was issued before the time limit permitted for filing reply, rightly allowed WP.No.7929 of 2022 by setting aside the reassessment order and remanding the matter to the assessing officer for fresh consideration, after issuing a show cause notice and providing an opportunity to the assessee, but erred in dismissing WP.No.7907 of 2022. It is further submitted by the learned counsel that the learned Judge failed to see that the appellant provided the details and the breakup of the sum of Rs.4,24,07,076/- in relati....
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....come chargeable to tax has escaped assessment within the meaning of section 147 of the Act. At the request of the assessee, notice dated 13.12.2021 under section 143(2) r/w section 147 of the Act, came to be issued along with a single line reason for reopening the assessment, to which, the appellant raised objections in detail on 27.12.2021. By order dated 06.01.2022 the objections were rejected by the first respondent. Feeling aggrieved, the appellant filed WP.No.7907 of 2022 to quash the reassessment notice as well as the order passed rejecting the objections filed by them. In the mean while, after issuing notice and without giving sufficient time to the assessee to respond to the same, the first respondent passed the reassessment order dated 28.03.2022, which was challenged by the assessee by filing WP.No.7929 of 2022. 7.It is further seen that the learned Judge took up both the writ petitions, along with the writ petitions filed for the very same relief in respect of the assessment year 2016-17, for consideration on the same day i.e., on 31.03.2022. The writ petition bearing no.7929 of 2022 challenging the reassessment order, was ordered and the relevant passage of the said or....
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....ent Assessing Authority. Therefore, at this juncture, the present challenge made against the 148 notice or the rejection order with regard to the objections raised by the petitioner for the proposed opening of assessment under Section 147 may not stand in the way. 12. In this regard, if any additional reasons have been given by the Assessing Authority, the same can also be objected to, for which, reply can be given with supporting documents and inputs by the petitioner assessee along with the reply to be given to the show cause notice which is going to be issued by the respondent Assessing Authority pursuant to the orders passed in the other writ petitions referred to above. After considering all these reply or inputs to be supplied by the petitioner, the Assessing Authority can go ahead with the assessment process and complete the same by passing an order of assessment, if need arises. Therefore, the present challenge made against these orders in these writ petitions may not hold good for the purpose of legal scrutiny and decision. 13. In view of the aforestated reasons and discussions, both the writ petitions with the above observations are liable to be dismissed. Accordingly....