9911796707
TMI Blog2024 (10) TMI 1095X X X X Extracts X X X X X X X X Extracts X X X X ..... ome had been assessed to tax. AO has proceeded to pass the impugned order which is, in effect, is a substantial reproduction of the said notice. The impugned order also indicates that the AO has not considered the petitioner s response that the interest, which according to the AO had escaped assessment, had been assessed to tax. This clearly indicates that the AO did not apply his mind to the reply furnished by the petitioner. The impugned order is set aside and the matter is remanded to the AO for considering the petitioner s reply afresh and to pass a reasoned order within a period of four weeks from date, after making necessary inquiries, in accordance with law. In so far as the petitioner s challenge to the jurisdiction of the AO is con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion to prohibit the Assessing Officer and any other income Tax Authority regarding the Impugned Order u/s 148A (d) dated 31.08.2024, and Impugned notice u/s 148 dated 31.08.2024 of the Income Tax Act, 1961 to do any consequential reassessment proceedings and any other Consequential proceedings... 2. The petitioner is, essentially, aggrieved by an order dated 31.08.2024 (hereafter the impugned order) passed under Section 148A (d) of the Income Tax Act, 1961 (hereafter the Act), and the initiation of re-assessment proceedings for the assessment year (hereafter AY) 2018-19 pursuant to the notice dated 31.08.2024 issued under Section 148 of the Act. 3. The petitioner s challenge principally rests on two grounds. First, that the impugned order h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. He stated that the income from the interest had not escaped assessment as the same was brought to tax. He also filed a copy of the return which reflected that the interest received by the petitioner was included in his total income had been assessed to tax. 8. Notwithstanding the reply, the AO has proceeded to pass the impugned order which is, in effect, is a substantial reproduction of the said notice. The impugned order also indicates that the AO has not considered the petitioner s response that the interest, which according to the AO had escaped assessment, had been assessed to tax. This clearly indicates that the AO did not apply his mind to the reply furnished by the petitioner. 9. In view of the above, the impugned order is set asi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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