S. 147 : Reassessment-Objection disposed along with the assessment order-Order passed without disposing the objection by passing a separate order- Failure to dispose of objections separate order-Reopening notice and reassessment order is quashed and set aside. [S. 80 IA, 142 (1), 143(3), 148, Art. 226]
The assessment of the petitioner was completed under Section 143(3) of the Act. in response to reassessment notice ,the petitioner filed the return and requested for copy of recorded reasons . On receipt of recorded reasons the petitioner filed objections. Respondent issued a notice under Section 148, seeking to reopen the assessment. However, without disposing of the objections, the respondent issued a notice under Section 142(1) on 22.11.2021, directing the petitioner to justify its claims under Section 80IA with supporting documents. The petitioner once again requested to dispose of the objections before proceeding further. However, instead of addressing the objections separately, the respondent issued a consolidated reassessment order which purportedly disposed of the objections while completing the reassessment. Aggrieved by the order the petitioner filed writ petition before High Court to quash the notice and assessment order. The Hon’ble Court held that the respondent’s failure to dispose of the objections separately before passing the reassessment order is vitiated due to noncompliance with jurisdictional parameters and without jurisdiction. Accordingly, the Court quashed the notice and the reassessment order . The Court also directed to withdraw the appeal. (WP No. 3248 of 2022 dt. 27-1-2025 )
Kesar Terminals & Infrastructure Ltd. v. Dy. CIT (Bom.)(HC)
[Coram : Hon’ble Shri Justice M.S. Sonak & Hon’ble Shri Justice Jitendra Jain]