2015 (5) TMI 934

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..... r Article 226 of the Constitution India is by M/s. ACC Limited and on the apprehension that the order sheet noting at Annexure 'P' at page 416 of the paper book would visit them with adverse consequences during the course of reassessment proceedings. 2. Mr. Mistrilearned Senior Counsel appearing for the Petitioner does not dispute that a notice under section 148 of the Income Tax Act, 196 .....

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..... nged the order passed by the officer denying the deductions and in the sum claimed. The Appeal is pending. During the course of and pending this Appeal and in reassessment proceedings, but for distinct reasons, now the Assessing Officer is likely to revisit the same deduction and pass an order. 4. Our attention is invited to the third proviso to section 147 of the Income Tax Act, 1961 (proviso wh .....

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..... safeguard against an adverse finding and conclusion which may possibly be reached on the issue as emerging from the order note sheet. 5. Mr. Suresh Kumar appearing for the Respondents on the other hand would submit that the Writ Petition is wholly premature. Today, the Petitioner cannot presume that an adverse order will be passed. Further, there are remedies in the form of Appeals and which can .....

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..... , as apprehended by the Petitioner, on some general circulars. In the event any order is passed on conclusion of the reassessment proceedings and if it is adverse to the interest of the Petitioner, the Petitioner can file a Appeal against that order and seek a protective relief. We do not think that this Court should proceed on the footing and at this stage that the deduction will be revisited. In .....

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..... in any way prejudicial to the interest of the Petitioner including on the subject deduction, then, while challenging it, the Petitioner can raise necessary pleas. To enable the Petitioner to avail of the remedy and to seek interim protective orders, we direct that in the event an order passed in the reassessment proceedings is in any way prejudicial to the Petitioner, particularly on the subject .....

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