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2022 (3) TMI 1598 - HC - Income TaxValidity of Reopening of assessment - petitioner has challenged the impugned notice u/s 148 as it did comply with the formalities under the newly introduced amended Section 148A - violation of principles of natural justice - Preliminary jurisdictional objection rejected and order passed - HELD THAT - Since the issue involved prima facie has been settled by this Court and different High Courts in favour of the Assessee/petitioner find petitioner has been able to make out a case for entertaining this writ petition and prima facie for an interim order. Considering the facts and circumstances as appears from record the impugned assessment order is stayed for a period of 12 weeks from date or until further order whichever is earlier.
Issues Involved: Challenge to notice u/s 148 of Income Tax Act for assessment year 2017-2018; Compliance with amended Section 148A; Preliminary jurisdictional objection; Stay of assessment order; Filing of affidavit-in-opposition; Final hearing schedule.
In the present writ petition, the petitioner contested the notice dated 31st March, 2021 u/s 148 of the Income Tax Act concerning the assessment year 2017-2018. The petitioner argued that the notice, issued on 1st April, 2021, failed to adhere to the formalities outlined in the newly introduced amended Section 148A of the Income Tax Act. The petitioner raised a preliminary jurisdictional objection through a letter dated 19th January, 2022. Despite this objection, the impugned assessment order dated 29th March, 2022 was issued without due consideration. Citing precedents from this Court and other High Courts favoring the Assessee/petitioner on the matter, the Court found merit in entertaining the writ petition and granting a stay on the assessment order. The Court, after reviewing the facts and circumstances on record, ordered a stay on the impugned assessment order dated 29th March, 2022 for a period of 12 weeks from the current date or until further notice, whichever is earlier. Additionally, the respondents were directed to file an affidavit-in-opposition within four weeks, with the petitioner given one week to respond thereafter. The matter was scheduled for final hearing after six weeks, during which both parties were instructed to have short written notes of arguments prepared for the proceedings.
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