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| The Tax Publishers2020 TaxPub(DT) 0350 (Del-HC) INCOME TAX ACT, 1961
Section 148
Assessee has statutory right of the appeal to assail reassessment order before the CIT(A) and, if necessary even before the ITAT, though, it is open to assessee to independently assail the notice under section 148, irrespective of the fact that assessment order was passed on instruction states that assessee would be satisfied, if assessee was permitted to raise all its pleas before CIT (A), thus, assessee was given a liberty to avail of its statutory right of appeal in respect of re-assessment.
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Reassessment - Validity - AO having not dealt with various submissions of assessee -
Assessee preferred petition to assail the notice issued under section 148. Submission advanced by assessee was that approval of PCIT under section 151 was not provided to assessee, despite being claimed by Revenue that it was enclosed with the order disposing of all the objections. It was also the grievance of assessee that the objections had not been dealt with adequately. Held: Assessee has statutory right of the appeal to assail the re -assessment order before the CIT(A) and, if necessary even before the ITAT. Though, it is open to assessee to independently assail the notice under section 148, irrespective of the fact that the assessment order was passed on instruction states that assessee would be satisfied, if assessee was permitted to raise all its pleas before CIT (A). Accordingly, petition was disposed of with a liberty to assessee to avail of its statutory right of appeal in respect of the re-assessment before the CIT (A).
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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