Deepak Kochhar v UOI ( Bom) (HC) (UR)

S. 143(3) :Assessment – Capital -Revenue – Share premium- -Reassessment –Addition is made on account of share premium , without issuing show cause notice and without following the principle of natural justice -Income from other sources- Alternative remedy is available – Directed to file an appeal with in four weeks . [ S. 4, 56(1) , 148 ,246A, Art .226 ]

The AO passed the order on 28.12.2019  by making  addition of sum of Rs.394,46,61,260.00 to the income of the assessee under S. 56(1) of the Act as benefit received on account of receipt of share premium by the assessee by way of getting control and management of M/s. NRPL during the relevant previous year. The assessee filed the writ petition against the said order  and  submitted that  the addition was  made without any notice to the petitioner and without hearing the petitioner. That apart, the addition is devoid of any deliberation by the Assessing Officer leading to such addition and principle of natural justice is violated.    Revenue contended that the alternative remedy is available to the assessee hence the writ is not maintainable . Court observed that ,  after hearing learned counsel for the parties and on due consideration, Court is of the view that petitioner may file appeal under S. 246-A of the Act before the first appellate authority against the assessment order dated 28.12.2019 within a period of four weeks from today. It is also open to the petitioner to file an application for stay along with the appeal in which event the same shall be considered by the appellate authority in accordance with law.   (WP NO. 261 of 2020 dt 24 -01 2020 ) (AY.2012 -13)