Kalpesh R. Varia HUF v. ITO (2025) 305 Taxman 600 (Bom)(HC)

S.147: Reassessment-After the expiry of four years-Cash credits-Bogus transactions-Violation of principle of natural justice-Objections of assessee were not disposed of before passing of assessment order, entire proceedings were vitiated and matter was to be remanded back to Assessing Officer.[S. 68, 148, Art. 226.]

Assessing Officer issued notice under section 148  on ground that assessee had entered into bogus transactions with one Naresh Jain. Assessee filed objections against said reopening notice contending that it did not know any Naresh Jain  and that no financial transactions had ever been entered into with said Naresh Jain   during relevant assessment year. Without  disposing of said objections, Assessing Officer issued a show-cause notice and passed assessment order in complete breach of principles of natural justice. On writ the Court held that   since objections of assessee were not disposed of before passing of assessment order, entire proceedings were vitiated and matter was to be remanded back to Assessing Officer.  (AY. 2014-15)

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