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TMI Blog2019 (11) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner that the petitioner would be confronted with whatever material is sought to be relied upon during the course of re-assessment, and that the petitioner would be granted ample opportunity in the matter. No reason to assume, at this stage, that the AO would not undertake the re-assessment proceedings in accordance with law. In any event, if there is any infraction of law by the AO in the matter of carrying out the re-assessment proceedings, and the petitioner is aggrieved by the re-assessment order that the AO may pass, it shall be open to the petitioner to raise all its pleas in appeal, firstly, before the CIT (Appeals), and thereafter, before the ITAT, if necessary. An assessee cannot approach the High Court under Article 226 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed from the Investigation Wing/ concerned parties at Kolkata, in relation to the petitioner s transaction with six parties involving an amount of ₹ 35.90 Crores. The petitioner made a request that the said letter/ information be provided after redacting third party confidential information. The impugned order passed by the Assessing Officer, inter alia, observes: The Hon ble High Court of Delhi has clarified that all the points urged by the Petitioner in the present writ petition are left open to be urged before the Assessing Officer (AO s) in the reassessment proceedings . As requested by the assessee, if the information is really complex in nature as contended, it is all the more necessary that it is confronted to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind attention that reassessment in your case gets barred by time on 31.12.2019. In light of this, you would appreciate that the proceedings cannot be kept in abeyance as only about three and half months are left till time barring date, and your cooperation is most required now more than ever to take the scrutiny proceedings to its logical end. 3. The petitioner had earlier preferred W.P. (C.) No. 8246/2019 to assail the re-opening of the assessment proceedings under Section 147/ 148 of the Act vide notice dated 27.03.2019. That writ petition was rejected by this Court since the Court was not persuaded at that stage to interfere in the reopening of the assessment proceedings. The Court clarified that all points urged by the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e petitioner s communication dated 16.09.2019, wherein the petitioner, inter alia, stated: 3. The Ld. A.O. is not appreciating that the assessee in this case is challenging the jurisdiction to carry on the reassessment proceeding and hence the view of the Ld. A.O. that the relevant information shall be supplied during the course of assessment proceedings is not sustainable in law and is incongruous. In simple words, as per the direction of the Hon ble High Court, the assessee is required to file a fresh objection before the A.O. The information/letter received from Kolkata Investigation Wing forms the basis of reopening, unless and until the same is provided to the assessee, the assessee shall not be in a position to make an effe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch investigation does not transgress any provision of law. It must be left to the investigation agency to decide the venue, the timings, all the questions and the manner of putting such questions to the persons involved. In this regard, he placed reliance on Dukhishyam Benupani, Asstt. Director, Enforcement Directorate (FERA) Vs. Arun Kumar Bajoria, (1998) 1 SCC 52, which was a case relating to investigation by the Enforcement Directorate. He submits that the same principles would apply in respect of investigation undertaken by the Assessing Officer under the Income Tax Act. 9. He has also placed reliance on the decision of this Court in Acorus Unitech Wireless Private Limited Vs. Assistant Commissioner of Income Tax, (2014) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. Having heard learned counsels, we are of the view that there is no merit in the present petition. So far as the petitioner s challenge to the reopening of the proceedings is concerned, this Court has already rejected the same by observing that it shall be open to the petitioner to raise all its pleas before the Assessing Officer. The Assessing Officer is now carrying on further investigation, for which purpose notices under Section 142(1) have been issued to the petitioner. It is for the petitioner to comply with the said investigation. The Assessing Officer has already given an assurance to the petitioner that the petitioner would be confronted with whatever material is sought to be relied upon during the course of re-assessment, an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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