2015 (3) TMI 1329 - HC - Income Tax

Revision u/s 263 - reassessment passed under Section 148 - Change of registered office - sufficient cause from attending the hearing - Held that - The petitioner company changed its registered office upon due intimation to the assessing officer and by filing the relevant Form 18 under the Companies Act, 1956, but the notice issued by the Commissioner was at the old address. Since it is evident that the petitioning assessee was prevented by sufficient cause from attending the hearing or otherwise participating in the proceedings under Section 263 of the Act, it is desirable that the order impugned dated March 21, 2014, which the petitioners have received on February 6, 2015, be set aside with a direction on the relevant Commissioner to issue a notice to the petitioners at the petitioner company s present address at Room No.865, 8th Floor, 33/1, Netaji Subhas Road, Kolkata-700001.

Summary

The High Court of Calcutta disposed of the petition regarding reassessment under Section 148 of the Income Tax Act, 1961 for the assessment year 2010-11. The Commissioner's order under Section 263 was set aside due to the petitioner's change of address not being considered. The relevant Commissioner was directed to issue a notice to the petitioner at the current address within four weeks for further proceedings. No costs were awarded. (Case citation: 2015 (3) TMI 1329 - CALCUTTA HIGH COURT)