Largesized Cooperative Society Vs Assessment Unit (Telangana High Court)
Telangana High Court Allows Withdrawal of Income Tax Reassessment Challenge with Liberty to File Fresh Writ Petition
The Telangana High Court permitted the petitioner to withdraw its writ petition challenging an income tax reassessment order passed under Sections 147, 144, and 144B of the Income-tax Act, 1961, while granting liberty to institute a fresh writ petition. The Court accordingly dismissed the matter as withdrawn without expressing any opinion on the merits of the dispute.
Introduction
In Largesized Cooperative Society v. Assessment Unit, National Faceless Assessment Centre & Others, the petitioner challenged a reassessment order issued by the Income Tax Department for Assessment Year 2018-19. However, during the hearing, the petitioner sought permission to withdraw the writ petition with liberty to pursue a fresh challenge. The High Court accepted the request and disposed of the matter accordingly.
Facts of the Case
The petitioner filed a writ petition challenging an assessment order dated 16.03.2024 passed under:
- Section 147 (reassessment),
- Section 144 (best judgment assessment), and
- Section 144B (faceless assessment procedure),
of the Income-tax Act, 1961 for Assessment Year 2018-19.
The petitioner alleged that the reassessment order was:
- Arbitrary and illegal,
- Contrary to the principles of natural justice,
- Violative of Articles 14, 19(1)(g), and 265 of the Constitution of India,
- Contrary to Sections 148A, 149, and 151A of the Income-tax Act,
- Inconsistent with applicable CBDT circulars.
The petitioner sought quashing of the reassessment order and all consequential proceedings.
