INCOME TAX ACT, 1961

Section 148

Reassessment - Alternate remedy - Reopening of assessment - Regular Appellate remedy available to assessee against the reassessment Order

Revenue preferred this appeal against the order of Single Judge who allowed by which, Single Judge allowed the Writ Petition filed by assessee against CIT and quashed the reassessment proceedings in the case of Assessee, despite the objection raised by the Revenue before Single Judge that against reassessment order, a remedy by way of appeal was available for assessee.Held: Single Judge ought to have upheld the objection of Revenue and relegated assessee to the regular appellate remedy available to assessee against the reassessment Order under section 147/148. Assessee also fairly submitted that even at this stage, assessee might be allowed to avail his remedy by way of appeal before FAA. Accordingly, appeal of revenue and set aside the order passed by Single Judge and assessee was directed that if he preferred a regular appeal before CIT(A) against the re-assessment order within a period of four weeks, then CIT(A) may entertain the said appeal and decide the same on merit.

Relied:CIT, Delhi v. Kelvinator of India Limited (2010) 320 ITR 561 (SC) : 2010 TaxPub(DT) 1335 (SC), S.M. Kutubuddin v. The Asstt. CIT W.P. No. 12801 of 2016 : 2017 TaxPub(DT) 1952 (Mad-HC) and CIT v. Kelvinator of India Limited. (2002) 256 ITR 1 (Del FB) : 2002 TaxPub(DT) 1348 (Del-HC).

REFERRED :

FAVOUR : Directions issued.

A.Y. : 2008-09

INCOME TAX ACT, 1961

Section 148

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