Allowing the petition the Court held that the order disposing of the objections was without application of mind since there were many repetitions therein and did not consider any of the contentions or submissions of the assessee. Since no useful purpose would be served the request of the Principal Commissioner for giving opportunity to file a counter affidavit was declined. The notice for reopening and the order disposing of the assessee’s objections were quashed. In the event the Assessing Officer had some fresh material he was at liberty to take action in accordance with law and the assessee was at liberty to file appropriate proceedings. (AY. 2015-16)
Kurz India Pvt. Ltd. v. PCIT (2022) 443 ITR 191 (Delhi)(HC)
S. 147 : Reassessment-Contingent liability claimed as revenue expense-Failure to consider submissions in order disposing of its objections-Notice and order disposing of objections quashed. [S. 148, Art. 226]