The Assistant Commissioner of Income-tax 12(3)(2) & Ors. v. Marico Ltd
[Citation -2020-LL-0601-7]
| Citation | 2020-LL-0601-7 |
|---|---|
| Appellant Name | The Assistant Commissioner of Income-tax 12(3)(2) & Ors. |
| Respondent Name | Marico Ltd. |
| Court | SUPREME COURT |
| Relevant Act | Income-tax |
| Date of Order | 01/06/2020 |
| Assessment Year | 2014-15 |
| Judgment | View Judgment |
| Keyword Tags | assessment proceedings • condonation of delay • issuance of notice • change of opinion • reopening of assessment |
| Bot Summary: | In the present matter, the assessment order was passed on Signature Not Verified 30.01.2018 as regards the Assessment Year 2014-15. Digitally signed by MUKESH KUMAR Date: 2020.06.03 12:58:36 IST Reason: 2 According to the record, certain queries were raised by the Assessing Officer on 25.09.2017 during the assessment proceedings which were responded to by the Assessee vide letters dated 10.10.2017 and 21.12.2017. After considering said responses, the assessment order was passed on 30.01.2018. Thus we find that the reasons in support of the impugned notice is the very issue in respect of which the Assessing Officer has raised the query dated 25 September 2017 during the assessment proceedings and the Petitioner had responded to the same by its letters dated 10 December 2017 and 21 December 2017 justifying its stand. The non-rejection of the explanation in the Assessment Order would amount to the Assessing Officer accepting the view of the assessee, thus taking a view/forming an opinion. In these circumstances, the reasons in support of the impugned notice proceed on a mere change of opinion and therefore would be completely without jurisdiction in the present facts. Accordingly, the impugned notice dated 27 March 2019 is quashed and set-aside. |