Wp/478/2022 Of Jainam Investments v. Assistant Commissioner Of Income Tax Central Circle 8(1) And 2 Ors

Digitallysigned byMEERAMEERAMAHESHMAHESHJADHAVJADHAVDate:2022.03.0115:16:27+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.478 OF 2022 Jainam Investments V/s.Assistant Commissioner of IncomeTax, Central Circle 8(1) & Ors. ….Petitioner …Respondents ---- Mr. Madhur Agrawal a/w Mr. Fenil Bhatt and Mr. Viraaj Bhate i/b PDS Legalfor PetitionerMr. Suresh Kumar for Respondents ---- CORAM : K.R. SHRIRAM &N.J. JAMADAR, JJ DATED : 28[th] FEBRUARY 2022 P.C. : 1After the petition was heard for sometime, Mr. Agrawal oninstructions sought leave of the court to withdraw the petition. Petitiondismissed as withdrawn with liberty to raise all contentions before theAssessing Officer. 2The Assessing officer shall before starting the assessment proceedingsand atleast three weeks before the personal hearing, provide to petitionerdetails of the information that he has received on which reliance has beenplaced to record the reasons for reopening. If the information contains anymaterial that does not relate or pertain to petitioner, the Assessing Officermay redact that portion. Within one week of receiving these information,petitioner may provide further submissions. Assessing Officer shall alsogrant a personal hearing before passing any order and notice of personal hearing to be given to petitioner at least 7 days in advance. If the AssessingOfficer wishes to rely on any judgments or order passed by any Court orTribunal, he shall provide a list thereof to petitioner and give them anopportunity to deal with those judgments or distinguish those judgmentsand those submissions of petitioner shall also be dealt with in theassessment order. After completing the above proceedings, the finalassessment order shall be passed within 12 weeks from the date of thisorder being uploaded. 3Petition dismissed as withdrawn. (N. J. JAMADAR, J.) (K.R. SHRIRAM, J.)