TMI Blog2008 (1) TMI 206X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the reassessment proceedings initiated against the petitioner for the assessment year 1994-95, vide notice dated May 31, 2000 (annexure 2), issued by the Assessing Officer in exercise of the power conferred by sections 147, 148 of the Income-tax Act, 1961 (in short "the Act of 1961" hereinafter). 2. The relevant facts in a nutshell are that on April 2, 1996, the petitioner-assessee filed his return of income for the assessment year 1994-95 declaring income of Rs. 46,530. It appears that certain tax evasion petitions were received against the petitioner-assessee, therefore, enquiries were got conducted by the Assessing Officer and on the basis of the information gathered during the enquiries, for the reasons recorded in wri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions "Therefore, we set aside the assessment orders framed under section 147/143(3) of the Act for all the assessment years under consideration and send them back to the file of the Assessing Officer with a direction to frame the assessment orders, de novo, after supplying copies of reasons to the assessee and after seeking objections against the same. The Assessing Officer shall also decide the assessee's objections by passing a speaking order and, thereafter, if it so required, he may proceed to frame the reassessment orders as per law. The Assessing Officer should not repeat the same assessment orders and has to pass reasons orders." 3. In compliance with the directions issued by the learned Income-tax Appellate Tribunal, vide or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner-assessee again sought time for filing the objections. However, the request made by the petitioner-assessee was turned down by the Assessing Officer, vide communication dated November 2, 2007 (annexure 14), and the petitioner-assessee was directed to attend the date of hearing on November 5, 2007. On the said date, the petitioner-assessee submitted the objections termed as "partial objections" against the reasons recorded for initiating reassessment proceedings for the assessment year 1994-95. It appears that the petitioner-assessee made further request for adjournment for a period of one month which was rejected by the Assessing Officer, vide communication dated November 5, 2007. 5. It is contended by learned counsel that in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us documents placed on record and the facts as noticed above, it appears that the petitioner-assessee is adopting the dilatory tactics inasmuch as the reassessment proceedings are going to be time barred. Admittedly, in compliance with the directions issued by the learned Income-tax Appellate Tribunal, a certified copy of the reasons recorded for initiating the reassessment proceedings has already been supplied to the petitioner-assessee by the Assessing Officer. Even the documents demanded by the petitioner-assessee available on record have already been supplied to him and regarding the remaining documents the factual position stands clarified by the Assessing Officer. It is to be noticed that the reassessment proceedings have been initiat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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