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2019 (7) TMI 1850 - MADRAS HIGH COURTValidity of reopening of assessment u/s 147 - procedure to be followed pursuant to the issuance of notice - grounds raised grounds stating that the notice is barred by limitation as contemplated under Section 148 of the Act and that the reasons which are sought to be adduced, are of such of opinion, which is improper - HELD THAT:- When the Hon'ble Supreme Court in GKN Driveshafts (India) Ltd's case [2002 (11) TMI 7 - SUPREME COURT] had categorically clarified the procedure to be followed pursuant to the issuance of notice, which includes filing of returns and seeking for objections, it cannot be said that such a contention is opposed to the provisions of the Act and further submitted that the decision should not be followed is far-fetched. Since this Court has relied upon the decision of GKN Driveshafts (India) Ltd's case of the Hon'ble Supreme Court, which has a binding nature on this Court in view of Article 141 of the Constitution of India, I am not relying upon any of the other decisions cited by the learned counsels. Writ Petitions stand closed with liberty to the petitioner either to file their returns or seek for reasons, if not already given. Such an exercise of raising their objections shall be done within a period of four weeks from the date of receipt of a copy of this order. In case, such objections are filed before the assessing officer, the same shall be considered in accordance with law and reasoned speaking orders shall be passed, as expeditiously as possible
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