2022 (10) TMI 377 - SCH - Income Tax

Reopening of assessment u/s 147 - Necessity to issue reasons of notice u/s 147 - HELD THAT - The impugned order 2022 (1) TMI 1280 - BOMBAY HIGH COURT it has been rightly contended, is a non-speaking and cryptic order. However, we are not inclined to issue notice in the present special leave petition and leave it open to the petitioner to file return of income under protest within one month, without prejudice to the rights and contentions, and ask for the reasons for issue of notice under Section 147 of the Income Tax Act, 1961. The procedure as prescribed in GKM Driveshafts (India) Ltd. 2002 (11) TMI 7 - SUPREME COURT would be followed by the assessing officer. In case of an adverse order, it will be open to the petitioner to challenge the same. Special leave petition is dismissed.

Summary

The Supreme Court dismissed the special leave petition as the impugned order was non-speaking and cryptic. The petitioner was given the option to file a return of income under protest within one month and ask for reasons for the notice under Section 147 of the Income Tax Act, 1961. The assessing officer was directed to follow the procedure in "GKM Driveshafts (India) Ltd. Vs. ITO." All contentions were left open, and the petitioner could challenge any adverse order. Pending applications were disposed of.