This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Reassessment without disposing of assessee’s objections by separate order makes jurisdiction of AO ultra-vires in law
Case Law Details
- Case Name
- Fomento Resorts & Hotels Ltd Vs ACIT (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 1997-98
- Courts
- All High Courts, Bombay High Court
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Fomento Resorts & Hotels Ltd Vs ACIT (Bombay High Court)
Conclusion: Since AO had purported to assume the jurisdiction for reopening of assessment, without having first disposed of assessee’s objections to the reasons by passing a speaking order, therefore, failure to follow the procedure renders the assumption of jurisdiction by AO ultra vires in law.
Held: In the present case, assessee-company lodged their objections and requested AO to dispose of such objections by passing a speaking order before proceeding with the reassessment in respect of the Assessment Year 1997-98. However, AO ,...
