Subh Stock Broking Pvt. Ltd v. Deputy Commissioner Of Income Tax, Circle-8)1), Kolkata & Ors

24.06.2022. p.b.Sl. No.17. W.P.A. 11183 of 2022 Subh Stock Broking Pvt. Ltd. Vs.Deputy Commissioner of IncomeTax, Circle-8)1), Kolkata & Ors. Mr. Avra Mazumder,Mr. Sk. Md. Bilwal Hossain,Mr. Binayak Gupta. ……..for the petitioner. Mr. Om Narayan Rai. ……..for the UOI. 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 2015-16 mainly on two grounds,namely that the petitioner’s objection to the recordedreason was rejected by passing a non-speaking order andwithout dealing with the contentions raised in its objectionto the recorded reason and secondly that before passingthe impugned assessment order, the assessing officer hadissued a notice dated 3[rd] February, 2022 under Section142(1) of the Act by which petitioner was asked to furnishrelevant documents on or before 10[th] February, 2022 andwithout waiting for the response by the petitioner againstthe aforesaid notice dated 3[rd] February, 2022 by whichtime was granted by the assessing officer himself to the petitioner, the assessing officer on 4[th] February, 2022passed the impugned assessment order which is inviolation of the principle of natural justice. Considering the submission of the parties, this writpetition being WPA No.11183 of 2022 is disposed of bysetting aside the impugned assessment order dated 4[th]February, 2022 and the matter is remanded back to theassessing officer concerned to pass fresh speaking orderon the objection to the recorded reason by dealing with thecontentions raised by the petitioner in its objection andfurther considering the response to the notice underSection 142(1) of the Act which is to be filed by thepetitioner within seven days from date. Needless tomention that before passing the fresh assessment order,the opportunity of hearing should be provided to thepetitioner. With this observation and direction, this writpetition being WPA No.11183 of 2022 is disposed of. (Md. Nizamuddin, J.)