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Case Law Details

Case Name : Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court)
Appeal Number : Writ Tax No. 510 of 2021
Date of Judgement/Order : 06/08/2021
Related Assessment Year : 2015-16
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Jagran Prakashan Limited Vs Assessing Officer (Allahabad High Court)

Undisputedly, in view of the decision of the Supreme Court as regularly followed by this Court by way of procedural principle, the Court does not directly entertain the challenge to re-assessment proceeding before disposal of the objection filed by the assessee to the initiation of such re-assessment proceeding. Thus the principle enunciated by the decision of Supreme Court in the case of GKN Driveshafts (India) Ltd. vs Income Tax Officer and another, 2003(259) ITR 19 (SC) has been consistently applied by this Court.

In view of above, we consider it proper that the assessee’s objection dated 28.06.2021 filed on 29.06.2021 may be decided by its assessing authority before proceeding to issue any further notice to conduct the re-assessment proceeding.

FULL TEXT OF THE JUDGMENT/ORDER OF ALLAHABAD HIGH COURT

Heard Sri Vinod Kumar Upadhya, Senior Advocate assisted by Sri Ritvik Upadhya, learned counsel for the petitioner and Sri Manu Ghildiyal, learned counsel for the respondents.

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