Power of reopening an assessment is a power which should be exercised with adequate reason


Last updated: 31 May 2023

Court :
Calcutta High Court

Brief :
The Hon'ble Calcutta High Court in Pramod Kumar Madhogarhia v. The Union of India & Ors. [MAT 729 of 2023 with I.A. No. CAN 1 of 2023 dated May 12, 2023] has set aside the Show Cause Notice ("SCN") issued under Section 148A(b) of the Income Tax Act, 1961 ("the IT Act"), the consequential orders and the order passed by the single bench dismissing the petition of the assessee, on the grounds that the opportunity of being heard provided at first instance should be an effective opportunity, since, the power of reopening an assessment is a โ€˜powerโ€™ which should be exercised with adequate reason.

Citation :
MAT 729 of 2023 with I.A. No. CAN 1 of 2023 dated May 12, 2023

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Bimal Jain
Published in Income Tax
Views : 194

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