High Court directs Assessing Officer to reconsider claim of assessee, Supreme Court clarifies that Assessing Officer may consider all pleas, including retrospective amendment in Section 13(8) (of Income Tax Act, 1961).

The Supreme Court dismissed a petition filed by a taxpayer challenging a High Court order directing the Assessing Officer to deal with the taxpayer's claim afresh in accordance with law. The taxpayer's counsel argued that the Assessing Officer may not consider the consequences of the retrospective amendment in Section 13(8) (of Income Tax Act, 1961) in view of the High Court's observations. However, the Supreme Court made it clear that the Assessing Officer is free to consider all of the taxpayer's pleas, including the consequences of the retrospective amendment, in accordance with the law, regardless of the High Court's observations. The petition was dismissed, subject to the above observations.

The High Court by its impugned order directed the Assessing Officer to deal with the claim of the assessee afresh in accordance with law.

Mr. Arvind Datar, learned senior counsel appearing for the petitioner submits that in view of the observations made by the High Court, the consequences of the retrospective amendment in Section 13(8) (of Income Tax Act, 1961) may not be considered by the Assessing Officer.

We make it clear that it shall be open for the Assessing Officer to consider all the pleas of the assessee including the consequences of the retrospective amendment in accordance with law irrespective of the observations made by the High Court or the ITAT.

Subject to above observations, we are not inclined to entertain this petition.

The special leave petition is, accordingly, dismissed. Pending applications, if any, stand disposed of.

(MEENAKSHI KOHLI) (RENU KAPOOR)

ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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High Court directs Assessing Officer to reconsider claim of assessee, Supreme Court clarifies that Assessing Officer may consider all pleas, including retrospective amendment in Section 13(8) (of Income Tax Act, 1961).

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The High Court by its impugned order directed the Assessing Officer to deal with the claim of the assessee afresh in accordance with law. 
Mr. Arvind Datar, learned senior counsel appearing for the
petitioner submits that in view of the observations made by the
High Court, the consequences of the retrospective amendment in
Section 13(8) (of Income Tax Act, 1961) may not be considered by the Assessing Officer. 
We make it clear that it shall be open for the Assessing
Officer to consider all the pleas of the assessee including the
consequences of the retrospective amendment in accordance with law
irrespective of the observations made by the High Court or the ITAT. 
Subject to above observations, we are not inclined to entertain this petition. 
The special leave petition is, accordingly, dismissed.
Pending applications, if any, stand disposed of.

(MEENAKSHI KOHLI) (RENU KAPOOR) 
ASTT. REGISTRAR-cum-PS BRANCH OFFICER

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High Court directs Assessing Officer to reconsider claim of assessee, Supreme Court clarifies that Assessing Officer may consider all pleas, including retrospective amendment in Section 13(8) (of Income Tax Act, 1961).