M/S. ODISHA HYDRO POWER CORPORATION LTD.,BHUBANESWAR vs. DCIT, CIRCLE-1(1), BHUBANESWAR
What did the Tribunal hold?
The Tribunal set aside the assessment order and restored the issue to the Assessing Officer (AO). The AO is directed to first dispose of the objections filed by the assessee regarding the reopening of the assessment before continuing with the assessment.
What were the facts?
The assessee's appeal was against the reopening of assessment. The original assessment was completed, and the notice under Section 148 was issued after reasons were recorded. The assessee had filed objections to the reopening, which were not disposed of.
What were the issues?
Whether the assessment order is valid when the assessee's objections to the reopening of assessment have not been disposed of by the AO.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- GKN Driveshafts (India) Ltd. v. ITO1,349 citing259 ITR 19 · 2003 · SC · Read judgment
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
O R D E R Per Bench : This is an appeal filed by the revenue against the order of the ld. CIT(A)-1, Bhubaneswar, dated 10.09.2015 passed in I.T.Appeal No.0012/14-15 for the assessment year 2006-2007.
It was submitted by the ld. AR that the only issue in assessee’s appeal was against reopening of the assessment. It was submitted that the original assessment came to be completed on 30.12.2008. It was the submission that the assessment was reopened by issuance of notice u/s.148 of the Act after recording reasons on 16.04.2013. It was the submission that the assessee had filed its objection to the reopening of the assessment and the same has not been disposed off. It was the submission that non-disposal of the objections filed by the assessee is in violation of the principle laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd., reported in [2003] 259 ITR 19 (SC).
In reply, ld. CIT-DR submitted that he had no issue if the issue is restored to the file of AO for disposal of the objections raised by the assessee.
We have considered rival submissions.
A perusal of the assessment order, it is noticed that the ld. AO does not say in the assessment order that he has disposed off the objections raised by the assessee in respect of reopening of the assessment. In view of the principle of law laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd. (supra), the assessment order is set aside and the issue is restored to the file of AO to dispose off first the objection filed by the assessee in respect of reopening of the assessment and then continue with the assessment. We further make it clear that all the legal issues are left open.
In the result, appeal filed by the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 22/06/2022.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Ratul Boro vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026
- Jashwant Sharma vs. The Union Of INDIA And A4 OrsGauhati · 14 Oct 2026
- Tvl. Jeyarani Shopping Centre vs. The Deputy State Tax Officer -1/The Deputy Commercial Tax OfficerMadras · 14 Oct 2026
- Rohan Tanna vs. Directorate General Of Goods And Services Tax IntelligenceChhattisgarh · 14 Oct 2026
- Dipak Saikia vs. The Union Of INDIA And 4 OrsGauhati · 14 Oct 2026