(By G.R.SWAMINATHAN, J.)
The assessing officer of the Income Tax department has filed this
appeal questioning the order dated 23.08.2024 allowing WP(MD)No.
10198 of 2024 filed by the respondent herein.
2.The writ petitioner company was incorporated on 17.10.2016.
The case on hand pertains to the assessment year 2017-18. On
13.10.2017, the writ petitioner / assessee filed their return of income. On
14.09.2018, notice was issued under Section 143(2) of the Income Tax
Act, 1961 for limited scrutiny in respect of “Expenses incurred for
earning exempt income” and “Investments / advances / loans.” The
assessee offered their reply on 01.02.2019. Thereafter, on 26.07.2019
notice was issued under Section 142(1) of the Act. On 27.12.2019 an
order of assessment was passed under Section 143(3) of the Act
accepting the return of income filed by the assessee. While so, on
23.02.2024, show cause notice under Section 148A(b) of the Act was
issued informing the assessee that income to the tune of
Rs.329,68,73,645/- had escaped assessment. On 08.03.2024, the assessee
offered their reply. On 26.03.2024, an order was passed under Section
https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/07/2025 02:29:14 pm )
148A(d) of the Act deciding that it was a fit case to issue notice under
Section 148 of the Act. On 26.03.2024, notice was issued under Section
148 of the Act informing the assessee that the assessment for the
assessment year 2017-18 stood reopened. Challenging the said notice
and the preceding order, the assessee filed W.P.(MD)No.10198 of 2024.
The writ petition was allowed by the learned single Judge on 23.08.2024.
Challenging the same, this writ appeal has been filed.