In a recent ruling the Calcutta High Court has dismissed the writ petition holding that the writ jurisdiction could not be invoked as the order under Section 148A(D) of the Income Tax Act 1961 was not a final assessment order.
The Petitioner had filed a writ petition challenging the impugned order dated 7th July, 2022 under Section 148 of the Income Tax Act, 1961 relating to assessment year 2018-19 on the ground that while passing the aforesaid impugned order under Section 148A(d) of the Income Tax Act, 1961, the respondent Assessing Officer had not considered and discussed in detail its objection to the show cause notice issued under Section 148A(b) of the Income Tax Act, 1961.
Pranit Bag, on behalf of the petitioner contented that impugned order was not reasonable and satisfactory and had no detailed discussion and consideration on the objection filed by it.
Smita Das De, who appeared for the respondent, contended that the Assessing officer had neither violated the principles of natural justice by denying the opportunity of hearing to the petitioner or any procedural irregularity nor contrary to any specific provision of the statute.
The bench of MD. Nizamuddin observed that the court had no jurisdiction to substitute findings and reasoning of the assessing Authority as it had been passed by observing principles of natural justice and by not committing any procedural irregularity or in contravention of any statutory provision or was without jurisdiction. The bench also observed that the impugned order was not a final assessment order and assessee had option for dropping the impugned reassessment proceeding after the issuance of notice under Section 148 of the Act. The bench accordingly dismissed the writ petition.
Subscribe Taxscan Premium to view the JudgmentSupport our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates
