TMI Blog2012 (8) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer has acted arbitrarily and in a manner clearly contrary to law in passing an order without disposing of the objections of the assessee - order of reassessment quashed and set aside - 266 of 2012 - - - Dated:- 15-2-2012 - CHANDRACHUD D. Y. DR., SANKLECHA M. S., JJ. JUDGMENT The grievance of the petitioner in these proceedings under article 226 of the Constitution is th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22, 2011, sought a disclosure of the reasons and an opportunity to file its objections to the reopening of the assessment in terms of the judgment of the Supreme Court in GKN Drive- shafts (India) Ltd. [2003] 259 ITR 19 (SC). The Assessing Officer completed the assessment without a notice under section 143(2) and passed order on December 29, 2011. On these admitted facts, it is evident that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been found that the petitioner has been engaged in under invoicing and it is on that basis that the assessment for the assessment year 2004-05 is sought to be reopened. Even if the submission of the learned counsel were to be correct, reasons have to be communicated to the petitioner. There has admittedly been no communication of reasons to the petitioner. In these circumstances, we are inclined ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment within a period of two weeks from the receipt of the reasons for reopening the assessment. (iv) The Assessing Officer shall dispose of the objections by a reasoned order within a period of four weeks of the receipt of the objections, if any. (v) The Assessing Officer shall defer the passing of an order of assessment in the event that he rejects the objections of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
