Citation : 2022 Latest Caselaw 1759 Cal/2
Judgement Date : 15 June, 2022
OD - 4
ORDER SHEET
WPO/2260/2022
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
SUDHA AGARWAL
VS
UNION OF INDIA AND ORS.
BEFORE:
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 15th June, 2022.
Appearance:
Mr. Rites Goel, Adv.
...For the Petitioner
Mr. Smarajit Roy Chowdhury, Adv.
...For the Respondents
The Court : Heard learned advocates appearing for the parties.
In this writ petition, petitioner has challenged the impugned order
dated 31st March, 2022 under Section 148A of the Income Tax Act, 1961
and subsequent notice under Section 148 of the Act relating to
assessment year 2015-16. Petitioner submits that while passing the
aforesaid impugned order under Section 148A(d) of the Act, the assessing
officer concerned has not considered and dealt with her replies dated
22nd March, 2022 and 25th March, 2022. It appears on perusal of the
aforesaid impugned order that though no detailed discussion and
speaking order has been passed on the aforesaid objections but the
assessing officer concerned has given some reason for not being satisfied
with the aforesaid objections filed by the petitioner.
I am not inclined to entertain this writ petition and to interfere with
the aforesaid impugned order dated 31st March, 2022 but in course of
subsequent proceedings assessing officer concerned must take into
consideration the aforesaid objections dated 22nd March, 2022 and 25th
March, 2022 filed by the petitioner and in course of further proceedings
the assessing officer concerned shall consider the judgments petitioner
wants to rely before this Court in support of her contention.
In view of the discussion made above, this writ petition being WPO
2260 of 2022 is not entertained and accordingly the same is dismissed.
(MD. NIZAMUDDIN, J.) TR/
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