Abis Exports India Private Limited Vs Union of India (Chhattisgarh High Court)
The Chhattisgarh High Court set aside an order passed under Section 148A(d) of the Income Tax Act, 1961, along with all consequential proceedings, and directed reconsideration in accordance with binding Supreme Court rulings. The petitioner had challenged the rejection of objections against reassessment proceedings initiated under Section 148. The Court noted that the issue regarding reassessment notices issued between April 1, 2021 and June 30, 2021 had already been conclusively decided by the Supreme Court in Union of India v. Ashish Agarwal and Union of India v. Rajeev Bansal.
In light of these rulings, the Court held that the impugned order under Section 148A(d) could not be sustained and required fresh consideration. It directed the Assessing Officer to permit the petitioner to file objections afresh within 90 days and to adjudicate them in accordance with the legal principles laid down by the Supreme Court. The Court also clarified that the petitioner would be entitled to raise new objections, including jurisdictional issues, and rely on relevant judgments.
Further, the Assessing Officer was directed to provide an opportunity of hearing before passing a fresh order. The Court observed that the petitioner would retain all legal rights and remedies, except on issues already concluded by the Supreme Court in the aforementioned cases. It also clarified that observations of the Supreme Court regarding limitation in reassessment proceedings would apply where relevant.
