Subh Stock Broking Private Limited v. Deputy Commissioner Of Income Tax, Circle – 4(4), Kolkata & Ors

29.06.2022. p.b.Sl. No.5. W.P.A. 10845 of 2022 Subh Stock Broking Private Limited Vs.Deputy Commissioner of Income Tax,Circle – 4(4), Kolkata & Ors. Mr. Avra Mazumder,Mr. Sk. Bilwas Hossain. ……..for the petitioner.Mr. Prithu Dhudoria.……..for the respondent. Heard learned advocates appearing for the parties.By this writ petition, petitioner has challenged theimpugned assessment order dated 4[th] February, 2022under Section 147 of the Income Tax Act, 1961 relating tothe assessment year 2016-17, on the ground that the saidorder is a non-speaking order and is without observingprocedure of law and by not properly considering anddealing with the objection of the petitioner against therecorded reason in its order of rejection of the objection. Itappears from record that on 24[th] January, 2022 thepetitioner had filed an objection against the recordedreason for reopening of the impugned reassessmentproceeding as appears from page 153 of the writ petition.It appears from Annexure P-11 at page 163 of the writpetition that the aforesaid objection of the petitioner wasrejected by passing an order dated 3[rd] February, 2022 and on perusal of which, I find that the same is non-speakingorder without dealing or discussing with thecontentions/issues raised by the petitioner in its objectiondated 24[th] January, 2022 and assessment order waspassed on the very next day after rejecting the petitioner’sobjection without issuing any notice under Section 142(1)or Section 143(2) of the Act. Considering the submission of the parties and inview of the discussions made above, the impugnedassessment order dated 4[th] February, 2022 is set asideand the matter is remanded back to the Assessing Officerconcerned to pass a fresh assessment order after passing areasoned and speaking order on the objection of thepetitioner dated 24[th] January, 2022 and the respondentAssessing Officer shall proceed with the impugnedreassessment proceeding in accordance with law afterpassing a fresh order on the aforesaid objection of thepetitioner after giving an opportunity of hearing to thepetitioner or his authorised representatives, within fourweeks from date. With this observation and direction, this writpetition being WPA No.10845 of 2022 stands disposed of. (Md. Nizamuddin, J.)