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| The Tax Publishers2020 TaxPub(DT) 0548 (Bom-HC) INCOME TAX ACT, 1961
Section 148
Where assessee had already availed remedy of appeal by filing substantive appeal before CIT(A) challenging the assessment order and he could raise all the grounds as raised in present petition in substantive appeal filed. In view of such circumstances, present appeal could not be entertained.
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Reassessment - Validity - Assessment concluded and assessee challenged the said assessment by filing an appeal before CIT(A) -
AO issued notice under section 148 for reassessment. Assessee assailed the rejection of its objection to notice for reopening the assessment. Revenue held that assessment was concluded and assessee had challenged the said assessment by filing an appeal before CIT(A) on 17-1-2019. Assessee referred to judgment of Apex Court in a case of Jeans Knit (P.) Ltd. v. Dy. CIT (2017) 390 ITR 10 (SC) : 2016 TaxPub(DT) 5149 (SC) and in this judgment, the party had not availed the remedy of appeal and had challenged the order in a petition under Article 226 of the Constitution of India. Held: Assessee had already availed remedy of appeal by filing substantive appeal before CIT(A) challenging the assessment order. Assessee could raise all the grounds as raised in the present petition in substantive appeal filed. In view of such circumstances, present appeal could not be entertained.
REFERRED : Jeans Knit (P.) Ltd. v. Dy. CIT & Ors. (2017) 390 ITR 10 (SC) : 2016 TaxPub(DT) 5149 (SC) Calcutta Discount Company Ltd. v. ITO & Anr. (1961) 41 ITR 191 (SC) : 1961 TaxPub(DT) 0130 (SC) and Bharat Jayantilal Patel v. UOI & Ors. (2015) 378 ITR 596 (Bom) : 2015 TaxPub(DT) 3214 (Bom-HC)
FAVOUR : Against the assessee
A.Y. :
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