TMI Blog2011 (1) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... n respect of the Assessment Year 2000 - 01 to 2004 - 05. THE FACTS 2. In the Assessment Year 2000 - 01, the petitioner carried on trading in 'Banphool Oil'. For the subsequent Assessment Year namely 2002 - 03 to 2004 - 05, it traded in 'Banphool Oil' as well as 'Arnica Oil'. 3. The assessment order under the Act in respect of all the aforesaid years were passed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment Year 2004 - 05, it was not necessary to take any approval from the Additional Commissioner as it was within time and the Assessing Officer issued reassessment notice for this year also. Hence the present petitions. 8. We have heard Sri S.D. Singh, counsel for the petitioner and standing counsel for the respondents. THE DECISION 9. The notices in all the years have been issued in vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er itself indicates that 'Banphool Oil' was accepted to be as a medicinal product but it was mentioned in the order that an inquiry is being conducted and in case of any adverse information is received, an appropriate action would be taken. 13. This clearly shows that no final decision was taken in this respect. It was also merely a tentative view. The adverse view in form of some decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment Year 2000 - 01 up to 2003 - 04 is illegal; It is not a reasoned order; It is liable to be set aside. 16. The approval granted by the Additional Commissioner, Kanpur is not as detailed as one might expect, however, he has approved the proposal sent by the Assessing Officer. It is not necessary on the part of the approving authority to give detailed reasons lest it may be said he h ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
