TMI Blog2014 (10) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... and dealing with objections before reassessment proceedings can commence as decided in GKN Driveshafts (I) Ltd. v/s. I.T.O. [2002 (11) TMI 7 - SUPREME Court] was only to ensure that the reassessment proceedings are not taken by the AO without satisfaction of the preconditions of Sections 147 and 148 of the Act as a safeguard against harassment – the hurry in passing Assessment order could lead to injustice not only to the assessee but also to the Revenue as it is likely the proper consideration would not be given to the issues involved - However, as the asessee has already invoked an efficacious alternative remedy by filing an appeal before CIT (A), there no reason to entertain the petition - All contentions left open to be urged before CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssuing of the impugned notice; (c) On 21 January 2014 the petitioners filed its objections to the grounds communicated on 8 January 2014 by the Assessing Officer; (d) On 21 February 2014 the Assessing officer disposed of the objections by rejecting the same and served the same upon the petitioner on 28 February 2014; (e) On the same day i.e. on 28 Feb. 2014, the Assessing Officer issued a notice under Section 143(2) of the Act calling for particulars for the purpose of completing the assessment; (f) On 7 March 2013, the petitioner pointed out that they were contemplating filing of writ petition challenging the impugned notice 12 March 2013 and referred the Assessing Officer to the decision of this Court in the matter of Asian Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that this attitude on the part of the Revenue would leave assessees like the petitioner with no fair opportunity to challenge the reassessment notices in Court in case even when the same are completely without jurisdiction. In the above view of the matter, it is submitted that this Court should entertain the petition. 3. As against the above, Mr. Ahuja learned Counsel appearing for the revenue submitted that the Assessing Officer had no option but to pass an assessment order before 31 March 2014, as otherwise the reassessment proceeding for Assessment Year 2007-08 would become time barred. It also submitted that in the communication the petitioner had addressed to the Assessing Officer asking the Assessing Officer to keep the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer chose to furnish the reasons to the assessee only on 8 January 2014 i.e. almost 10 months after the petitioner asked for reasons. This delay in handing over/furnishing of the reasons is inexplicable as the Assessing Officer always knew that the reassessment has to be completed by 31 March 2014 and therefore the urgency in completing the proceedings regarding jurisdiction. Thereafter, when the petitioner filed its objection to the reasons on 21 January 2014, the Assessing officer disposed of the objections by order only on 21 Feb. 2014 and served it upon the petitioner only on 28 February 2014. Thus on the date he served the order upon the petitioner the Assessing officer was aware that he could not complete the reasses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, all the Assessing Officers would act with reasonable expedition. 7. However, as the petitioner has already invoked an efficacious alternative remedy by filing an appeal before CIT (A), we see no reason to entertain this petition. We are certain that the CIT(A) would consider the petitioner's case on merits and apply the law as applicable to the facts of the present case. All contentions left open to be urged before CIT(A). 8. However, in the peculiar facts of the present case, no coercive proceedings for recovery of the tax consequent to the Assessment order dated 29 March 2014 will be taken by the Revenue till the disposal of the petitioner's appeal before the CIT (A). 9. With the above observations, we di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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