On a writ the assessee contended that the assessee was not given any opportunity to seek the reasons for reopening of the assessment or submit its objections to the reopening of the assessment . Allowing the petition the Court held that the principles of natural justice had been violated by the Department while passing the order under section 144 read with section 147 as no opportunity had been given to the assessee to file its returns pursuant to the notice issued under section 148 for reopening of the assessment. The order was quashed and the matter was remanded. (AY. 2012-13)
Oasys Green Tech Pvt. Ltd. v. ITO (2021) 430 ITR 207 / 199 DTR 521/ 319 CTR 695/ 279 Taxman 222 (Mad.)(HC)
S. 147 : Reassessment-Best judgment assessment-Principles of natural justice-Amalgamation-Unable to file returns of merged company en E-Portal-No opportunity to respond to notice and raise its objections to reasons-Order quashed and matter remanded. [S. 144 148, Art. 226]