J.M.D. Global (P.) Ltd. v. PCIT (2020) 426 ITR 394 / 187 DTR 265 / 313 CTR 693/ 268 Taxman 198 (Delhi) (HC)

S. 147 : Reassessment-Information received from Investigation wing– Accommodation entries-Share capital-Failure to examine in original assessment proceedings–Reassessment notice is held to be valid. The assessee was permitted to raise its objections in the light of the documents provided by the respondent in court within seven days. The Assessing Officer shall decide the objections that may be raised within two weeks.. [S.68, 148, Art. 226]

Dismissing the petition the Court held that, notice for reopening assessment is issued on the basis of information received from investigation wing and in the original assessment proceedings the AO has not examined the genuineness of share capital, hence notice for reassessment is held to be valid. On the facts the assessee had not been given an opportunity to raise objections to the notice. The assessee was permitted to raise its objections in the light of the documents provided by the respondent in court within seven days. The Assessing Officer shall decide the objections that may be raised within two weeks.   (AY. 2012 -13)