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2013 (11) TMI 820 - HC - Income TaxWrit petition without going to the Assessing officer – Re-opening made u/s 148 of the Income tax act – In the present case, the petitioner has not filed objections before the Assessing Officer and has directly approached the court by way of the present writ petition - Held that:- Followed the decision in the case of GKN Driveshafts (India) Limited versus ITO, [2002 (11) TMI 7 - SUPREME Court] , wherein it was held that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the noticee is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. - Decided against the assessee. To protect the interest of assessee - Held that:- The Assessing Officer will first dispose of the objections by a speaking order meeting the contentions and issues raised by the petitioner. In case the objections are rejected, the Assessing Officer will give at least three weeks” time to the petitioner to approach the court before taking up the re-assessment proceedings on merits. The aforesaid directions will protect the interest of the petitioner and in case the objections are rejected, it will be open to them to approach the court and raise all contentions and issues, including the contentions and issues raised in the present writ petition.
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