The High Court examined the validity of an assessment order ...

Assessment Order Invalidated for Ignoring Assessee's Reply; Court Mandates New Order Under IT Act Section 144B.

June 17, 2024

Case Laws Income Tax HC

The High Court examined the validity of an assessment order issued without considering the reply submitted by the assessee in response to a Show Cause Notice. It was held that the Assessing Officer (AO) must consider the assessee's reply before passing the Assessment Order, as per Section 144B of the Income Tax Act, 1961. The AO's explanation that the draft assessment order was already sent for approval and hence the reply was not reflected in the final order was rejected. The court quashed the Assessment Order and remanded the matter back to the AO to issue a fresh order after considering the assessee's reply and providing an opportunity for a hearing if requested. The AO was directed to complete this process within 12 weeks from the date of the court's order.

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The High Court examined the validity of an assessment order ...

Assessment Order Invalidated for Ignoring Assessee's Reply; Court Mandates New Order Under IT Act Section 144B.

June 17, 2024

Case Laws Income Tax HC

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