OXFORD UNIVERSITY PRESS vs DEPUTY COMMISSIONER OF INCOME TAX INTERNATIONAL TAX CIRCLE-3(2)(2) AND 2 ORS

ppn 1 21.wp-1894.22.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION 1. Heard learned counsel for the parties. 2. Rule. The rule is made returnable immediately at the request and with the consent of the learned counsel for the parties. 3. The petitioner challenges the impugned notice dated 25 March 2021 under Section 148 of the Income Tax Act, 1961 and the impugned order dated 31 January 2022, rejecting the petitioner’s objection to reopening of the assessment made by the first respondent for the assessment year 2014-15. 4. Admittedly, the impugned notice dated 25 March 2021 was issued more than four years after the end of the relevant assessment year. Therefore, in terms of the proviso to Section 147 of the Income Tax Act, the Assessing Officer could have reopened the assessment only upon recording satisfaction that the petitioner failed to fully and truly disclose all material facts necessary for the assessment. ppn 2 21.wp-1894.22.docx 5. Upon receipt of the impugned notice dated 25 March 2021, the petitioner sought and was furnished the reasons for reopening via communication dated 11 January 2022. The reasons are contained in the annexure to