ACIT v. City Union Bank Ltd. (2025) 181 taxmann.com 176(2026) 349 CTR 53 (Mad.)(HC) Editorial: City Union Bank Ltd v.ACIT (2020) 116 taxmann.com 139/ 425 ITR 475 (Mad)(HC), order of single judge was set aside.

S. 147: Reassessment-Disallowance of expenditure-Exempt income-Assessee participated in proceedings and objections disposed of by a speaking order-Writ petition challenging notice under section 148 not maintainable at show-cause stage-Order of single judge set aside. [S.14A, 148, Art. 226]

For assessment year 2011-12, a notice under section 148 was issued to the assessee-bank to reassess an incorrect disallowance under section 14A read with rule 8D. The assessee filed a return, obtained the reasons and raised objections, which the Assessing Officer rejected by a speaking order after obtaining sanction under section 151. Reversing the Single Judge, the Court held that, the assessee having participated in the reassessment and the objections having been disposed of by a speaking order, a writ challenging the notice under section 148 without assailing that order was not maintainable, and interference at the show-cause stage was not warranted. Order of single judge was set aside.  (AY. 2011-12)

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