The Deputy Commissioner of Income Tax v. Hewlett Packward Financial
Case brief
What is this about?
Writ appeal by Income Tax Revenue against quashing of reassessment order dated 30.12.2018 and Section 148 notices. Held: failure to pass speaking order on assessee's objections after communicating reasons vitiates reassessment; not a curable irregularity; no remand due to limitation expiry. Precedents: GKN Driveshafts (259 ITR 19 SC) relied on; Deepak Extrusions (80 Taxmann.com 77 Kar) followed; Home Finders (Madras HC) distinguished. Keywords: reopening of assessment, Section 148 notice, speaking order, preliminary objections, Section 143(3) read with Section 147, curable irregularity, Karnataka High Court, T-IT.
What did the court decide?
None to the Revenue-appellants; the writ appeal is rejected with costs made easy, leaving intact the learned Single Judge's order setting aside the reassessment order dated 30.12.2018 (Annexure-K), the notices dated 30.12.2018 (Annexures-L and M) and the notice under Section 148 (Annexure-D).