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TMI Blog2016 (12) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... in dispute that against the impugned notice and the reasons recorded to reopen the assessment for A.Y. 2009-2010, the petitioner has already submitted objections. 3.00. It is the case on behalf of the petitioner that till date the petitioner is not informed whether the objections submitted by the petitioner assessee against the reasons recorded to reopen the assessment, have been disposed of or not. It is apprehended that either without disposing of the objections or without giving reasonable time to the assessee to challenge the decision if any disposing of the objections, the A.O. may pass assessment order. 4.00. Therefore, as such, the present petition is on apprehension that either the A.O. may pass reassessment order without disposin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3)259 ITR 19 is not to whittle down the principle laid down by the Constitution Bench of the Apex Court in Calcutta Discount Co. Ltd. case (1961) 41 ITR 191 but to require the assessee first to lodge preliminary objection before the Assessing Officer who is bound to decide the preliminary objections to issuance of the re-assessment notice by passing a speaking order and, therefore, if such order on the preliminary objections is still against the assessee, the assessee will get an opportunity to challenge the same by filing a writ petition so that he does not have to wait till completion of the re-assessment proceedings which would have entailed the liability to pay tax and interest on re-assessment and also to go through the gamut of appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer is under a mandate to dispose of such preliminary objections by passing a speaking order, before proceeding with the assessment in respect of the assessment year for which such notice has been issued." 8.00. In the case of Sahakari Khand Udyog Mandal Ltd (supra) the Division Bench had an occasion to consider the various different stages from the date of notice under Section 148 of the Act to the reassessment order and ultimately after considering the decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd (supra), in para 14 had issued the following directions:- "1. Once the Assessing Officer serves to an assessee a notice of reopening of assessment under section 148 of the Income Tax Act, 1961, and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... means that the time frame provided hereinabove would not apply in such cases. 5. In the communication supplying the reasons recorded by the Assessing Officer, he shall intimate to the assessee that he is expected to raise the objections within 60 days of receipt of the reasons and shall reproduce the directions contained in sub-para 1 to 4 hereinabove giving reference to this judgment of the High Court. 6. The Chief Commissioner of Income Tax and Cadre Controlling Authority of the Gujarat State, shall issue a circular to all the Assessing Officers for scrupulously carrying out the directions contained in this judgment." 9.00. In the case of Banaskantha District Cooperative Milk Producers Producers Union Limited Versus Assistant Commissi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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