Appeal under Income Tax Act against Assessment Order Passed u/s 147 Pending Before CIT(A): Calcutta HC dismisses WP [Read Order]

The Calcutta High Court dismissed the Writ Petition since the appeal under the Income Tax Act, 1961 against the assessment order passed under section 147 of the Income Tax Act is pending before the Commissioner of Income Tax (Appeal) (CIT(A)).

Mr. A.K. Upadhyay, Adv. Mrs. Shobha Upadhyay appeared for the Petitioner and  Mr. Aryak Dutt appeared for the Respondents.

Kothari Credit (India) Limited, the petitioner submitted that during the pendency of the writ petition challenging the impugned order under Section 148A(d) of the Income Tax Act, 1961, an order under Section 147 of the Act has already been passed and against which the petitioner has already availed alternative remedy by way of filing appeal before the CIT (Appeals) concerned.

Section 147 of the Income Tax Act, 1961 provides for the reopening of assessment proceedings. This section gives discretion to the Assessing Officer (AO) to reopen the assessment proceedings when he/she has reason to believe that some of the income has escaped assessment.

The Finance Act of 2021 incorporated Section 148A in the Income Tax Act, 1961,which require the assessing officer to make any necessary inquiries, with the express permission of clearly defined powers, about data that suggests that tax-payable income has escaped assessment before sending a notice under Section 148.

Since the appeal was already filed before the first appellate authority, the Court observed no necessity to consider this appeal, the Court Comprising Justice Md Nizamuddin disposed of the appeal without further observation.

To Read the full text of the Order CLICK HERE

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