TMI Blog2014 (7) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... es cannot be sustained and the same deserves to be quashed and set aside – Decided in favour of Assessee. - Special Civil Application No.3707 of 2014, Special Civil Application No.3708 of 2014 - - - Dated:- 8-7-2014 - M. R. Shah And K. J. Thaker,JJ. For the Appellant : Mr. B. S. Soparkar For the Respondent : Mrs. Mauna M. Bhatt ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. RULE. Ms. Mauna Bhatt, learned advocate waives service of notice of rule on behalf of the respondents in both the petitions. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, both the petitions are taken up for final hearing today. 3. As common que ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reassessment proceedings for the Assessment Years 2008-09 and 2009-10. 6. Shri Monall Davawala, learned advocate appearing on behalf of the petitioner has vehemently submitted that the initiation of the reassessment proceedings for the Assessment Years under consideration is absolutely illegal and bad in law. It is submitted that as such the reassessment proceedings have been initiated solely on the audit objections raised by the audit party and, therefore, the same is colourable exercise of jurisdiction by the Assessing Officer. It is submitted that as such the reassessment proceedings cannot be initiated merely on the basis of the audit objections, more particularly, when the Assessing Officer has no subjective satisfaction. Relyin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reassessment proceedings are initiated merely and solely at the instance of the audit party and when the Assessing Officer tried to justify the Assessment Orders and requested the audit party to drop the objections and there was no independent application of mind by the Assessing Officer with respect to subjective satisfaction for initiation of the reassessment proceedings, the impugned reassessment proceedings cannot be sustained and the same deserves to be quashed and set aside. 9. In view of the above and for the reasons stated hereinabove, both these petitions succeed and the impugned reassessment proceedings are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. In the facts and circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
