Wtax/1095/2019 Of Sanjeev Kumar Agarwal v. Income Tax Officer 1 (1), Varanasi And 2 Others

Court No. - 35Case :- WRIT TAX No. - 1095 of 2019Petitioner :- Sanjeev Kumar AgarwalRespondent :- Income Tax Officer 1 (1), Varanasi And 2 OthersCounsel for Petitioner :- Suyash Agarwal,Rakesh Ranjan Agrawal (Senior Adv.)Counsel for Respondent :- S.S.C.Hon'ble Bharati Sapru,J.Hon'ble Rohit Ranjan Agarwal,J. Heard Sri Suyash Agarwal, learned Counsel for the assessee-petitioner and Sri Krishna Agarwal, learned Counsel for therespondent-department. The present writ petition has been filed against an order dated 26.08.2019 by which the objections of the petitioner forreopeningof the case has been decided. A plain perusal of the order reflects that the objection has beendisposed of on the ground of delay alleged to have beencaused by the petitioner in filing of the return and the matterotherwise on merits has not been decided. Although, the orderitself says that during the re-assessment proceedings it will beopen to the petitioner to raise all objections. However, in the interest of justice we deem it appropriate thatthe authority concerned may pass fresh orders on the objectionof the petitioner on merits and in accordance with law withinten days from today after affording proper opportunity ofhearing to the petitioner. The date of hearing may be fixedwith information to the petitioner. It is made clear that that no accommodation will be granted tothe petitioner on the date of hearing. There is no need to give notice to the petitioner as this order isbeing passed in the presence of Counsel for the petitioner. The Writ Petition is disposed of as above. No Costs. A copy of this order be given to Sri Krishna Agarwal, learnedCounsel for the respondent-department today itself fornecessary communication and compliance.