Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply
The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The petitioner/assessee claimed that after receiving a notice under Section 148A(b) of the Income Tax Act, he filed a reply on March 15,...
The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order.
The petitioner/assessee claimed that after receiving a notice under Section 148A(b) of the Income Tax Act, he filed a reply on March 15, 2022, but the reply was not considered by the respondent/department.
The department submitted that indisputably the petitioner's reply escaped notice of the respondents while passing an order under Section 148A (d) of the Income Tax Act, 1961. It was agreed by the department that the order dated 27.03.2022 may be set aside because of the procedural impropriety of not considering the reply. The department has contended that liberty may be reserved to the department to pass a fresh order in accordance with the law after considering the reply.
The court set aside the reassessment order dated 27.03.2022 and the consequential notice dated 29.03.2022 by reserving the liberty to pass a fresh order.
Case Title: Agrawal Petrolium Co. Vs PCIT
Case No: Writ Petition No. 11047 of 2022
Citation: 2022 LiveLaw (MP) 170
Counsel For Petitioner: Advocate Sapan Usrethe
Counsel For Respondent: Advocate Sanjay Lal