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June 2023

Glimpses of Supreme Court Rulings

By Kishor Karia , Chartered Accountant
Atul Jasani, Advocate
Reading Time 23 mins
Reassessment – Change of the AO– Fresh notice issued under section 148 by the new incumbent – The High Court quashed the assessment as subsequent notice was barred by limitation and no reasons were recorded prior to issue of subsequent notice – Order of the High Court quashed and set aside - Section 129 of the Act permits to continue with the earlier proceedings in case of change of the AO from the stage at which the proceedings were before the earlier AO - Fresh show cause notice is not warranted and/or required to be issued by the subsequent AO 35 DCIT, New Delhi vs. Mastech Technologies Pvt Ltd (2022) 449 ITR 239 (SC) The Assessee filed its return of income for the A.Y. 2008-09 declaring loss of Rs. 6,10,314 which was processed under section 143(1) of the Income Tax Act, 1961 (“the Act”). After obtaining the prior approval of the Additional CIT for re-opening of the assessment, the AO issued a notice under section 148 of the Act on 23rd March, 2015. At the instance of the assessee, the AO supplied the reasons for re-opening, vide letter dated 18th May, 2015. However, the earlier AO, who had issued the notice under section 148 of the Act dated 23rd March, 2015, was transferred and the new AO took charge. The subsequent AO issued another notice under section 148 of the Act on 18th January, 2016. Again, at the request of the assessee, the subsequent AO sup
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