Assessee filed writ after delay of almost one year that too just few days before final assessment order came to be passed, impugning an order passed under section 148A(d) and consequent reopening notice, in such circumstances, assessee should exhaust its alternative remedies under provisions of Income-tax Act before approaching High Court. On SLP the Court held that final assessment order under s. 147 is quashed for the purpose of enabling the assessee to take up all objections and contentions vis-a-vis the impugned notices; concerned AO shall consider the objections and contentions of the assessee vis-avis the impugned notices and pass a fresh order in accordance with law. Relied on, UOI v. Rajeev Bansal (2024) 301 Taxman 238/ 469 ITR 46/ 340 CTR 565 (SC)
Seahorse Mercantile Co. (P) Ltd. v. ITO (2025) 172 taxmann.com 163/ 342 CTR 238 (SC) Editorial : Seahorse Mercantile Co. (P) Ltd. v. ITO(2025) 172 taxmann.com 62 (Bom)(HC) is set side.
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Final assessment order passed by AO is quashed only for the purpose of enabling the assessee to take up all objections and contentions vis-a-vis the impugned notices-On SLP the Court held that the concerned AO shall consider the objections and contentions of the assessee. [S. 148, 148A(b), 148A(d), Art. 136]
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