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TMI Blog2023 (10) TMI 1441X X X X Extracts X X X X X X X X Extracts X X X X ..... king into consideration the fact that the final assessment order has already been passed on 24.03.2022, therefore, in the light of the judgment passed by the Hon'ble Division Bench of this Court in the case of Smt. Kamala Ojha [ 2019 (6) TMI 1439 - CHHATTISGARH HIGH COURT] the writ petition cannot be entertained wherein held when there existed reason to belief which is formed on the basis of material available having nexus with the subject, writ Court ought not to have entertained the writ petition more so when assessment orders have already been passed during pendency of the writ petition, therefore, we set aside the order passed by the writ Court and relegate the writ petitioner to prefer an appeal against the reassessment order which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the head long-term capital gain on the sale of shares of Virtual Global Education Ltd. and claimed exemption under Section 10 (38) of the IT Act, 1961. Respondent No. 4 issued notice under Section 148 of the IT Act, 1961, whereas the petitioner sought a copy of the reasons recorded along with approval obtained under Section 151 of the IT Act, 1961. The petitioner filed an objection to the reason recorded under Section 148 (2) of the IT Act, 1961. Thereafter, respondent No. 4 decided the objection on 09.12.2021 and on 30.03.2021 a notice under Section 148 of the IT Act, 1961 was issued. 3) Learned counsel for the petitioner would submit that the case of the petitioner was reopened as per information of DDIT (Inv.), Delhi and the same is co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter receiving the notice under Section 148 of the IT Act, 1961, the petitioner filed an objection against the reason recorded on 08.10.2021 through DAK and filed the same online on 12.10.2021. Later on, the case was taken by NeFAC for further assessment proceedings. He would further submit that the Assessing Officer of NeFAC has also given the reply to the assessee on 03.12.2021 and 09.12.2021 in response to the assessee's objection dated 12.10.2021 and notice under Section 148 of the IT Act, 1961 was issued fulfilling all the mandatory conditions. He would also submit that the Pr. Commissioner of Income Tax-1, Raipur after going through the proposal and recommendation accorded approval under Section 151 of the IT Act, 1961. He would fu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter of Smt. Kamala Ojha (supra) in para-33 held as under:- 33. To sum up the matter, when there existed reason to belief which is formed on the basis of material available having nexus with the subject, writ Court ought not to have entertained the writ petition more so when assessment orders have already been passed during pendency of the writ petition, therefore, we set aside the order passed by the writ Court and relegate the writ petitioner to prefer an appeal against the reassessment order which may be filed within a period of 30 days from today. The writ petitioner would be at liberty to raise all grounds both factual and legal in the said appeal. The appellate authority shall entertain the appeal for decision on merits without raising ..... X X X X Extracts X X X X X X X X Extracts X X X X
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