Dismissing the petition the Court held that the assessee could not point out any procedural irregularity or illegality in the proceeding subsequent to the order under section 148A(d) of the Act and in passing the final assessment order under section 147 of the Act nor show that the final assessment order was passed without granting any opportunity of hearing to the assessee. The reassessment order under section 147 of the Act contained detailed reasoning based on facts and evidence and the court in exercise of its constitutional writ jurisdiction under article 226 of the Constitution of India cannot act as an Assessing Officer or an appellate authority to reappreciate the evidence and findings and substitute them with its own. In addition, statutory alternative remedy by way of appeal was available to the assessee.(AY.2018-19)
GSP Piling Constructions Pvt. Ltd. v. ACIT (No. 1) (2024)461 ITR 45/160 taxmann.com 365 (Cal)(HC) Editorial : Refer, GSP Piling Constructions (P.) Ltd. v ACIT (No 2) (2023) 156 taxmann.com 665 (2024) 461 ITR 59/ 296 Taxman 524 (Cal)(HC), division bench remanded the matter to the Assessing officer, with directions.
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No procedural irregularities or lack of opportunity of being heard-Order containing detailed reasoning- Alternative remedy-Writ petition is dismissed.[S. 147, 148, 148A(b), 148A(d), Art. 226]