Chhattisgarh HC sets aside Order u/s 148A(d), Directs Reconsideration as per SC Rulings on Reassessment Notices [Read Order]

The Chhattisgarh High Court set aside the order passed under section 148A(d) of the Income Tax Act, 1961 rejecting the objections of the petitioner to initiation of reassessment proceedings and directed the Assessing Officer (AO) to reconsider the matter .

The petitioner, Abis Exports India Private Limited, through Director Abdul Rajjak challenged the order passed under section 148A(d) of Income Tax Act where the objections filed against issuance of notice under Section 148 were rejected by the AO.

Manoj Kumar Sinha, represented the petitioner and Ramakant Mishra appeared on behalf of the respondent

Justice Rakesh Mohan Pandey observed that the issue relating to the validity of reassessment notices issued during the period from 01.04.2021 to 30.06.2021 has already been settled by the Supreme Court in Union of India v. Ashish Agarwal and Union of India v. Rajeev Bansal.

In the light of facts and circumstances the high court set aside the order passed under section 148A(d) of the Income Tax Act, along with consequential proceedings and directed the AO to provide an opportunity to the petitioner to file fresh objections within a period of 90 days and thereafter dispose of the same in accordance with law, after granting a reasonable opportunity of hearing.

The Court further held that the petitioner shall be at liberty to raise all available contentions, including jurisdictional objections, and to rely upon applicable judicial precedents, except issues already concluded by the Supreme Court of India.

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