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2016 (4) TMI 561 - BOMBAY HIGH COURT

2016 (4) TMI 561 - BOMBAY HIGH COURT - TMI - Reopening of assessment - petitioner's grievance is that the impugned notice dated 27th March, 2015 is completely without jurisdiction particularly on the ground that the impugned notice is issued beyond the period of 4 years from the end of the relevant Assessment Year 2008-09 - Held that:- The Assessing Officer has proceeded on a fundamentally erroneous assumption that the notice under Section 148 of the Act cannot be a subject matter of challenge d .....

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order disposing of the objections to the reopening notice, we set aside the order dated 8th February, 2015. However, we restore the petitioner's objections to the impugned notice dated 27th March, 2015 for fresh disposal to the Assessing Officer to pass a final order after due consideration of the objections filed by the petitioner in accordance with law. Mr. Mohanty, learned Counsel for the Revenue states that the objections would be disposed of within a period of 4 weeks from today. - Writ Pet .....

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ce dated 27th March, 2015 seeking to reopen the assessment for A.Y. 2008-09. 3. The petitioner's grievance is that the impugned notice dated 27th March, 2015 is completely without jurisdiction particularly on the ground that the impugned notice is issued beyond the period of 4 years from the end of the relevant Assessment Year 2008-09 and in the present facts, it is not open to the Assessing Officer to allege that there has been any failure on the part of the petitioner to fully and truly di .....

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ous issues which fall in the aforesaid two classes. The petitioner also filed an exhaustive objection to the reasons recorded on 15th March, 2015 pointing out that the reasons in support of the impugned notice do not indicate that the Assessing Officer has jurisdiction to issue the impugned notice under Section 148 of the Act. However, the Assessing Officer by the order dated 8th February, 2016 disposed of the exhaustive objections of the petitioner by proceeding on the basis that once a belief .....

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ject matter of challenge disregarding the binding decision of the Apex Court in G.K.N. Driveshaft Ltd. Vs. Income Tax Officer, 259 ITR 90. In fact, the entire procedure of an assessee objecting to the reasons in support of the impugned notice recorded by the Assessing Officer is to ensure that the Assessing Officer has second look at the reasons recorded by him on consideration of the objections. This procedure has been evolved so that if the Assessing Officer is satisfied with the objections pu .....

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