Nivedita Mahila Co-Operative Society Ltd., Chandrapur v. Income Tax Officer, Chandrapur And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.501/2022 Nivedita Mahila Co-operative Society Ltd., Chandrapur...Petitioner - Versus - Income Tax Officer, Chandrapur and another ... Respondents ----------------- Shri Saket Bhattad, Advocate for Petitioner. Shri A.J. Bhoot, Advocate for Respondent Nos.1 and 2. ---------------- CORAM: NITIN JAMDAR ANDANIL L. PANSARE, JJ. DATE : 25 MARCH 2022 P.C.: This Petition challenges the notice dated 24 March 2021issued by Respondent No.1-Assessing Officer, seeking to reopenthe assessment under Section 148 of the Income Tax Act, 1961. 2. Learned Counsel for the Revenue, on the last occasion hadpointed out that the reasons were supplied to the Petitioner, andin spite of lodging the objections, the Petitioner has directly filedthis Petition and the Respondents are not averse to consider thesame and passing the orders thereon. 3. Through series of decisions of the Hon'ble Supreme Courtand this Court in respect of notice issued under Section 148 ofthe Income Tax Act, a methodology has been evolved, wherebyafter receipt of notice the assessee is entitled to seek reasons insupport and after reasons being so served, to lodge objections.These objections are dealt with by the Assessing Officer and ifthe Assessing Officer rejects the objections and proceeds further,the Assessing Officer is required to give four weeks time from thereceipt of service of the orders on objections to the assessee. Themandate of four weeks is laid down by this Court in the case of. Asian Paints Ltd. versus Deputy Commissioner of Income-tax[1] 4. The lodging of objections and considering the same bythe Respondent Officers is in fact beneficial to the assessee asthe assessee will get an opportunity to put forth its say before theAssessing Officer. SANDEEPCHANDRASHEKHARDESHMUKHDigitally signed by SANDEEPCHANDRASHEKHARDESHMUKHDate: 2022.04.01 19:07:18+0530 5.Learned Counsel for the Petitioner states that theobjections will be lodged before the Assessing Officer within aperiod of two weeks. Thereafter, the Respondent-AssessingOfficer will pass an appropriate order as per law. 6.In case the objections are rejected, the Petitioner has aremedy in law. After passing of the order, the Assessing Officerwill not give effect to the order for a period of four weeks as perthe direction in the decision of Asian Paints Ltd. (supra) 7.With these observations, the Writ Petition is disposed of. (ANIL L. PANSARE, J.) (NITIN JAMDAR, J.) Deshmukh