2024 (12) TMI 3 - SCH - Income Tax

Reopening the assessment u/s 147 - valid sanction being granted by the competent authority, before issuing the impugned Notice of reopening of assessment or not? - as decided by HC 2018 (5) TMI 1551 - GUJARAT HIGH COURT Addl. Commissioner of Income tax had not only put his remarks on the proforma presented before him by the Assessing Officer but also separately conveyed his satisfaction to the Assessing Officer in a separate letter. The application of mind and grant of sanction was, thus, one integrated exercise. Even independently, we have no reason to believe or hold that this was a case of nonapplication of mind HELD THAT - Our attention is invited to order 2018 (9) TMI 476 - SC ORDER passed by this Court while issuing notice on this Petition. We find that the contentions which are recorded in the said order were raised only by way of a rejoinder in the writ petition filed by the petitioner. We find from the impugned judgment that this factual contention was not agitated before the High Court. As petitioner submits that in fact, this contention was agitated before the High Court. The High Court has recorded the contentions raised by the counsel for the petitioner. Therefore, if the case of the petitioner is that this contention was raised at the time of hearing, but was not noted and considered, the remedy of the petitioner is before the High Court. Petitioner seeks permission to withdraw this Petition on the ground that the petitioner wants to file an appropriate application before the High Court. We dispose of the Special Leave Petition as withdrawn.

Summary

The Supreme Court allowed the petitioner to withdraw the Special Leave Petition to file an application before the High Court due to a factual contention not being considered in the impugned judgment.