AO issued notice under s.148 for claim under s.80-IA. Without separately disposing of the assessee’s objections, the AO passed a consolidated order rejecting objections and completing reassessment. The assessee filed writ. The Court quashed the consolidated order for violating principles of natural justice. Objections must be disposed of in a separate reasoned order, providing the assessee an opportunity to challenge the rejection; issuing a combined order is procedurally impermissible. The writ petition was held maintainable and relief granted. Notice and order quashed. Statement to withdraw the appeal within 15 days accepted. Referred GKN Driveshafts(India Ltd v. ITO (2003) 259 ITR 19 (SC), Asian Paints Ltd v. Dy.CIT (2008) 296 ITR 90 (Bom)(HC),Formento Resorts and Hotels Ltd v.ACIT 2019 SCC Online Bom 13550, Bayer Material Science Pvt Ltd v.Dy.CIT (2016) 382 ITR 333 (Bom)(HC)
Kesar Terminals & Infrastructure Ltd. v. Dy. CIT, (2025) 474 ITR 498/ 171 taxmann.com 800 (Bom) (HC)
S. 147 : Reassessment-Disposal of objections-Combined order disposing objections and completing reassessment-Breach of natural justice-Alternative remedy-Appeal was filed to protect from bar of limitation-Notice and order quashed-Statement to withdraw the appeal within 15 days accepted. [S. 80-IA,143(3), 148, 151, 246A, Art. 226]