2018 (7) TMI 2249 - SC - Income Tax

Maintainability of petition - Validity of assessment order - HELD THAT - Since the reassessment is already complete and the assessing officer has passed the assessment order, there are no reason to interfere with the impugned order passed by the High Court in exercise of our power under Article 136 of the Constitution of India. It will be open to the petitioner-Authority to challenge the order of the assessing officer by filing statutory appeal and in the said appeal the petitioner would also be permitted to challenge the correctness of notice under Section 147/148 of the Income Tax Act, 1961. The appellate authority may go into the said question uninfluenced by the observations which are made in the impugned order. Application disposed off.

Summary

The Supreme Court dismissed the special leave petitions as reassessment is complete and the assessing officer has passed the assessment order. The petitioner can challenge the order by filing a statutory appeal and can also challenge the notice under Section 147/148 of the Income Tax Act, 1961. Pending applications, if any, shall stand disposed of.