GE T &D India Ltd v. Dy. CIT (2021) 281 Taxman 228 (Mad.) (HC)

S. 147 : Reassessment – Capital gains – Stamp valuation – New information – Reassessment notice is held to be justified – Alternative appellate remedy- Writ is not maintainable. [ S.45, 48, 148, Art , 226 ]

Dismissing the petition the Court held that  since manner in which sale deed was valued by assessee and stamp duty paid at time of registration and actual market value prevailing during relevant point of time with reference to subject property, provided new information and additional material, which were not considered by Assessing Officer at time of original assessment, reopening of assessment  is valid in law  . Court also held that when an appellate remedy is provided in respect of final order of assessment passed by competent authority, assessee must exhaust said appellate remedy first. ( AY. 2013-14)