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2018 (10) TMI 992 - HC - Income TaxReassessment proceedings - Held that - For Assessment Year 2014-2015, an order of assessment has been passed on 29th December 2017 in which the issue, which is subject matter of this Writ Petition, has been raised for the first time. That order of assessment has been challenged by the assessee/petitioner and the First Appeal before the Commissioner of Income Tax (Appeals) is pending. On such facts being noticed, Mr. Charanjeet Chanderpal appearing on behalf of the respondents fairly stated that until the Appeal is heard and disposed of by the First Appellate Authority, the impugned notice and the order dismissing the objections will not be given effect to and implemented. We accept this statement made by Mr. Charanjeet Chanderpal, on instructions, as an undertaking to this Court.
Issues:
Reassessment proceedings for Assessment Year 2013-2014 challenged based on original return of income filed in 2013, existence of arrangement since 1994, scrutiny for multiple years with varying outcomes, challenge to order of assessment for 2014-2015 pending before First Appellate Authority. Analysis: The petitioner challenged a notice dated 23rd March 2018 and an order dated 24th August 2018 regarding reassessment proceedings for Assessment Year 2013-2014. The original return of income was filed in 2013, with the Assessing Officer referring to an arrangement in existence since 1994. While no addition was made for Assessment Year 2011-2012 and the assessee's explanation was accepted, scrutiny for subsequent years including 2013-2014 resulted in varying outcomes. Notably, the issue subject to the writ petition was raised for the first time in the order of assessment for 2014-2015, which is currently being challenged before the First Appellate Authority. The respondents, through Mr. Charanjeet Chanderpal, agreed that the impugned notice and order would not be implemented until the First Appellate Authority hears and disposes of the pending appeal regarding the order of assessment for 2014-2015. This statement was accepted by the court as an undertaking. Consequently, the Writ Petition was deferred pending the placement of the First Appellate Authority's order on record by Mr. Charanjeet Chanderpal.
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