| Court: | Calcutta High Court |
| Head Notes: | Realization Stock & Equity Pvt ltd Vs ITO, Ward 4(1), Kolkata & Ors Sub-Whether patent non application of mind while disposing off the objections can be a ground for quashing the Notice u/s 148 of the Income-tax Act,1961 The Calcutta High Court in this case when represented by Adv Avra Mazumder was considering a writ where even though the original assessment was completed u/s 143(3) of the Act, the reasons which were recorded were based on a premises that the original assessment was not so completed. Not only even though the petitioner in its objection brought this fact to the notice of the AO but ignoring the objections, notice u/s 142(1) was issued disposing the objections with the wrong facts. The Calcutta high court while observing that the court is very reluctant to interfere with the sufficiency of the findings and reasonings of the recorded reasons was impressed by the gross negligence of the AO and thus the notice u/s 148 and all other proceedings were quashed though with liberty to continue the proceedings properly. Another 148 case – the litigation goes on. Ramesh Patodia |
| Law: | Income-Tax Act |
| Section(s): | Section 148 of Income-tax Act,1961 |
| Counsel(s): | Adv Avra Mazumder |
| Dowload Pdf File | Click here to download the file in pdf format |
| Uploaded By | CA Ramesh Patodia |
| Date of upload: | March 29, 2022 |
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