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IN THE HIGH COURT AT CALCUTTA
SMITA DAS DE
J.M. Global Equities – Appellant
Versus
Deputy Commissioner, Income Tax, Kolkata – Respondent
| Table of Content |
|---|
| 1. writ petition arises from reassessment proceedings and earlier discrepancies. (Para 1 , 2 , 3) |
| 2. discussion on the judicial mandate and respondent's failure to comply. (Para 4 , 11) |
| 3. main arguments pertain to non-compliance of prior court directives. (Para 6 , 7) |
| 4. court emphasized impossibility of the assessment order under non-judged objections. (Para 8) |
| 5. invalidation of assessment due to lack of jurisdiction. (Para 10) |
| 6. final decision quashing assessment and ensuring compliance with court orders. (Para 12) |
JUDGMENT :
SMITA DAS DE, J.
1. The instant writ Petition arises out of the reassessment proceedings for the Assessment Year 2010-11 under the provisions of Section 147/143(3) read with section 148 of the Income Tax Act, 1961 (hereinafter referred to as the said Act).
2. Apropo, the facts of the case is that the assessee filed its return of income to the tune of Rs. 29,56,452/- for the Assessment Year 2010- 11 on September 10, 2010. The case was accordingly processed under Section 143 (1) of the said Act. Subsequently the information was received from the Directorate of Income Tax (Intelligence and Criminal Investigation) Kolkata (herein after referred to as D
Assessment orders under the Income Tax Act must comply with prior court directives and provide opportunity for objection; non-compliance renders them invalid.
The court upheld the authority of the Assessing Officer to reassess income under amended provisions of the Income Tax Act, reinforcing that objections can be addressed during reassessment proceedings....
Failure to issue notice under Section 143(2) invalidates the assessment order, as it is a mandatory procedure under the Income Tax Act.
Notices issued under Section 148 of the Income Tax Act beyond the limitation period are illegal and void, leading to the quashing of all consequential orders.
The court established that the discretionary nature of inquiries under Section 148A does not mandate a personal hearing or exhaustive justification for the Assessing Officer's decisions.
Active participation in reassessment proceedings without objecting to the impugned notice may lead to dismissal of a challenge to the final assessment order.
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