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| The Tax Publishers2022 TaxPub(DT) 7859 (Guj-HC) CONSTITUTION OF INDIA
Article 226
Petition being prematured, this Court chooses not to entertain it at this stage. Let the disposal on the strength of the objections raised by the assessee against reopening of assessment be made by the authority concerned within two weeks from the date of receipt of copy of this order, on availing opportunity in accordance with law.
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Writ - Maintainability - Reassessment - Non-disposal of objections
Assessee engaged in the business of trading in shares declaring the total income as nil filed writ petition challenging notice, seeking to reopen its case being bogus LTCG on penny stock transaction claimed raising a ground of non-disposal of objection raised. Held: The Court noticed that in today's date(15-11-2022), this Court has disposed of two of the matters being Special Civil Application [R/Special Civil Application No. 4900 of 2022, dt. 15-11-2022] and [R/Special Civil Application No. 4896 of 2022, dt. 15-11-2022] wherein the assessment made was nil and they were the part of the very group, therefore, nothing can be presumed in advance and the stage of disposing of the objections will need to be made available to the respondent authority. Petition being prematured, this Court chooses not to entertain it at this stage. Let the disposal on the strength of the objections raised by the assessee be made by the authority concerned within two weeks from the date of receipt of copy of this order, on availing opportunity in accordance with law.
REFERRED : Mani Enterprise v. ITO [R/Special Civil Application No. 4896 of 2022, dt. 15-11-2022], Mani Enterprise v. ITO [R/Special Civil Application No. 4900 of 2022, dt. 15-11-2022]
FAVOUR : Matter remanded
A.Y. :
IN THE GUJARAT HIGH COURT
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