IT Assessment Order against Deepak Kochhar put on hold and Ordered to move First Appellate Authority: Bombay HC [Read Order]

The Bombay High Court while presiding over the question of the Assessment Order in the case of Deepak Kochhar passed an order that the Income Tax (IT) Assessment Order pertaining to the Assessment Year 2012-13 which was passed against Deepak Kochhar was put on hold and the High Court ordered to move to the First Appellate Authority.

In the case of Deepak Kochar vs. Commissioner of Income Tax, Deepak Kochar hereinafter the appellant is the husband of ex-ICICI Bank CEO Chanda Kochhar has challenged the Income Tax (IT) Assessment Order passed by the  Commissioner of Income Tax (IT) on the grounds that the petitioner has not availed the alternative remedy which is available to him. Further, the counsel for the appellant also contended that a certain amount was added in the income of Mr. Deepak Kochar after the Income Tax (IT) Assessment Order was passed without any notice of the same to the petitioner and also without hearing the petitioner. The assessing officer was devoid of deliberation the further addition in the amount of income. Therefore this is against the principle of natural justice and no question pertaining to alternative remedy arises.

The division bench of the Bombay High Court comprising of Justice Milind N. Jadhav and Justice Ujjal Bhuyan held within four weeks of passing of this order the appellant may move to the First Appellate Authority, challenging the Income Tax (IT) Assessment Order and till such remedy is availed by the appellant the Income Tax (IT) Assessment Order will be put on stay. Further, the division bench expressed no opinion in favour of the case or against the case, and thereby all the contentions were left open for the argument.