Badrinath Sales Pvt. Ltd. v. The Principal Commissioner of Income-tax, Ranchi / The Commissioner of Income-tax, Singhbhum / The Deputy Commissioner of Income-tax, Circle-2, Singhbhum
[Citation -2019-LL-0220-86]
Citation | 2019-LL-0220-86 |
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Appellant Name | Badrinath Sales Pvt. Ltd. |
Respondent Name | The Principal Commissioner of Income-tax, Ranchi / The Commissioner of Income-tax, Singhbhum / The Deputy Commissioner of Income-tax, Circle-2, Singhbhum |
Court | HIGH COURT OF JHARKHAND AT RANCHI |
Relevant Act | Income-tax |
Date of Order | 20/02/2019 |
Assessment Year | 2012-13 |
Judgment | View Judgment |
Keyword Tags | reopening of assessment • recovery proceeding • penalty proceeding • appealable order • cogent reason • escaped assessment • change of opinion |
Bot Summary: | The writ petition was instituted on 7th December, 2018 at the time of reopening of assessment after filing of objection against the notice of the re-assessment. During pendency of the writ petition, order has been passed on 20th December, 2018 in such proceeding. The petitioner has asked for amendment of the writ petition. On behalf of the Income Tax Authorities, Mr. Lamba has raised a preliminary point that the re-assessment order is an appealable order under Section 246(1)(b) of the Act and hence the writ petition ought not to be entertained. Mr. Pasari s stand on the other hand is that the writ petition was instituted at a time when the re-assessment order was not there and he has relied on a decision of the Honb e Supreme Court in the case of Income Tax Officer Ward No. 16(2) Vs. M/s Tech Span India Private Ltd. Anr. We give liberty to the writ petitioner to institute an appeal and in the event it wants operation of the re-assessment order to be stayed it shall make payment of pre-deposit amount. The present writ petition stands disposed of in the above terms. |