2025 (3) TMI 538 - SCH - Income Tax

Reopening of assessment - petitioner received notice u/s 148 - as argued order u/s 148A(d) not having been passed - as decided by HC 2023 (8) TMI 91 - BOMBAY HIGH COURT in the assessment order petitioner s detailed submissions have been recorded and the assessing officer has point by point rebutted petitioner s contention. We would say it is one of the well detailed order though we would not certify the contents as correct. We have not gone into those details or merits. That we leave for petitioner to challenge in the appeal that it may want to file against the assessment order. We would reject this petition with a direction to petitioner to adopt the alternate remedy available by way of filing an appeal. Petitioner may file the appeal within four weeks from today. HELD THAT - We are not inclined to interfere in the matter. We extend the time for availing the alternative remedy by a further period of one month from today. If an appeal is filed by the petitioner herein within a period of one month from today the issue of limitation shall not be raised by the respondent-Department or by the Appellate Authority. It is needless to observe that the Appellate Authority would consider all contentions raised by both sides and decide the appeal in accordance with law. The Special Leave Petition is hence dismissed.

Summary

The Supreme Court, with Justices B. V. Nagarathna and Satish Chandra Sharma presiding, issued an order regarding a Special Leave Petition. The Court decided not to interfere with the matter at hand. However, it granted an extension for the petitioner to avail an alternative remedy by filing an appeal within one month from the date of the order. The Court specified that if the appeal is filed within this timeframe, the respondent-Department or the Appellate Authority must not raise the issue of limitation. The Appellate Authority is directed to consider all contentions from both parties and decide the appeal in accordance with the law. Consequently, the Special Leave Petition was dismissed, and any pending applications were disposed of.