TMI Blog2013 (11) TMI 820X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. In the instant case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment in respect of the above said five assessment years. 3. 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. Learned counsel for the petitioner s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the reasons to believe do not meet legal and statutory parameters. 5. Learned counsel for the respondents, on the other hand, has drawn our attention to the following portion of the directions issued under Section 144C(5) of the Act:- The above submissions have been considered by this Panel. We have not accepted any of the propositions made by the A.O. regarding holding SIEL as the P.E of the assessee, except for fixed place P.E proposed in the original order. The reasons for treating SIEL as a deemed fixed place P.E of SEC have been mentioned earlier. It had nothing to do with provision of royalty and fees for technical services. There is nothing on record and the A.O. too has not brought any material on record on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Driveshafts (India) Limited (supra). We observe that the said procedure has been almost universally followed and has helped cut down litigation and crystallise the issues, if and when the question comes up before the Court. In Techspan India Privaate Limited (supra) also the assessee had followed the said procedure and had filed objections before the Assessing Officer. Thereafter, the petitioner therein had approached the Court by way of a writ petition challenging the re-assessment proceedings. We do not think the present case, occasions or requires a different treatment from the procedure followed in other cases in which re-assessment proceedings were/are initiated. Petitioner submits and contends that the jurisdictional pre-conditions fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
