KULBHUSHAN ARORA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS petition is filed under Art. 226 of the Constitution of India for quashing the assessment order Annex. A-1, dt. 7th March, 2003, for the asst. yr. 1997-98 by the AO. The assessment was reopened in pursuance of exercise of powers under ss. 147-148 of the IT Act, 1961. Reasons have been disclosed to the assessee vide letter dt. 18th Jan., 2002.

(2.) THE matter was argued at length. However, learned counsel for the petitioner submitted that he may be permitted to withdraw the petition with liberty to file an appeal against the assessment order, which remedy is available to the petitioner under the statute. He has also submitted that there may be delay on account of the fact that he approached this Court and, therefore, the CIT(A) may be directed to consider the appeal. Certainly, if the petitioner has approached this Court for a relief and if the Court is permitting to withdraw the proceedings with the liberty to file the appeal, the period taken in this Court should be taken into consideration by the CIT(A) and accordingly, he shall hear the matter on merits, if the appeal is preferred within a period of 10 days. THE petition stands disposed of with the aforesaid directions. Direct Service (DASTI) permitted.