MRS KANCHAN AGARWAL Vs. THE INCOME TAX OFFICER

JUDGEMENT

(1.) The petitioner has challenged the re-assessment order passed by the respondent under Section 143(3) read with Section 147 of the Income Tax Act, 1961 (for short 'the Act') relating to the Assessment Year 2013-14 and consequential demand notice issued by the respondent.

(2.) The petitioner has filed return of income on 31.07.2013 relating to the Assessment Year 2013-14. The assessment proceedings were concluded under Section 143(3) read with Section 147 of the Act for the Assessment Year in question. Subsequently notice was issued under Section 148 of the Act to reopen the assessment concluded. On the request made by the petitioner to furnish the reasons for reopening the assessment under Section 148 of the Act on 20.12.2018, reasons recorded were made available to the petitioner on 24.12.2018. Accordingly, preliminary objections and explanations were filed by the petitioner on 27.12.2018. However, the re-assessment proceedings were concluded by the respondent on 24.12.2018. It is the grievance of the petitioner that no sufficient opportunity was provided to him to file the objections to the reasons recorded. The Assessing Officer proceeded to conclude the re-assessment proceedings without considering the preliminary objections filed on 27.12.2018. It is submitted that the re-assessment order impugned is not valid in the eye of law for passing the same sans disposing of the preliminary objections.

(3.) Learned counsel for the revenue justifying the impugned order submitted that re-assessment order was passed on 24.12.2018 prior to the preliminary objections submitted by the petitioner on 27.12.2018. It was further submitted that reasons recorded by the Assessing Officer for reopening the assessment under Section 148 of the Act was made available to the petitioner on three times despite the same, no objections were filed. It is after passing of the re- assessment order on 24.12.2018 preliminary objections has been filed by the assessee. Hence, no fault can be found with the order impugned herein.