2023 (10) TMI 1454 - HC - Income Tax

Validity of Reopening of assessment u/s 147 - HELD THAT - This is not a fit case to exercise our discretionary jurisdiction under Article 226 of the Constitution of India. At the same time, Petitioner may raise all grounds which Petitioner has before the AO in reply to the notice u/s 148. The officer shall consider the objections and points raised by Petitioner and pass such order as he deems fit in accordance with law dealing with all submissions of Petitioner. A personal hearing shall also be granted, notice whereof shall be communicated at least five working days in advance. Petition disposed.

Summary

The High Court of Bombay declined to exercise jurisdiction under Article 226 of the Constitution of India. The petitioner can raise all grounds before the Assessing Officer in response to the notice under Section 148 of the Income Tax Act, 1961. The officer will consider the objections and pass an order in accordance with the law, providing a personal hearing with at least five days' notice. The petition was disposed of, and no observations on merits were made, keeping all rights and contentions open.