TMI Blog2016 (11) TMI 1627X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessee by: Shri Naresh Kumar Revenue by: Shri Hitendra Ninawe ORDER Vikas Awasthy, This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-2, Nashik dated 10-11-2014 for the assessment year 2005-06. 2. The brief facts of the case as emanating from records are: The assessee filed his return of income for the impugned assessment year on 31-03-2006 declaring total income of ₹ 3,53,041/- and agriculture income of ₹ 48,930/-. A search action u/s. 132 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) was carried out in the case of Chhoriya Group on 22-08-2008. During the course of search apart from othe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. Shri Naresh Kumar appearing on behalf of the assessee submitted that the Assessing Officer has not followed the proper procedure for reopening the assessment. The ld. AR further disputed certain dates mentioned in the assessment order with respect to recording of reasons and service of the same to the assessee. The ld. AR submitted that in the grounds of appeal the assessee has challenged the additions made during reassessment proceedings as well as the validity of the notice issued u/s. 148 r.w.s. 147 of the Act. Although, the assessee had raised the ground before the Commissioner of Income Tax (Appeals) with respect to violation of the procedure laid down for deciding the objections against reopening of the assessment as mandat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee to Assessing Officer and vice-versa. 3.2 The ld. AR submitted that the Assessing Officer has flouted the law laid down by the Hon ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. Vs. Income Tax Officer (supra). The Hon ble Apex Court has held that the Assessing Officer is duty bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. The Hon ble Bombay High Court in the case of Asian Paints Ltd. Vs. Deputy Commissioner of Income Tax Anr. reported as 296 ITR 90 has held that after passing of the order rejecting the objections, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to decide the issue, it would be relevant to have a quick look of the chronology of events : Date Events 30-03-2012 Notice u/s. 148 issued to the assessee. 26-04-2012 Letter by the assessee requesting for reasons for issuing notice u/s. 148. 31-07-2012 Reasons for reopening supplied by Assessing Officer to the assessee. 13-08-2012 Request letter from assessee to supply copy of rough cash book seized during search operation on Chhoriya Group. 22-08-2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of the impugned order shows that even the Commissioner of Income Tax (Appeals) has not taken cognizance of the same and has not commented whether the Assessing Officer has complied with the proper procedure for disposing of the objections filed by the assessee against reopening of the assessment. 7. The Hon ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. Vs. Income Tax Officer (supra) has in unequivocal terms held that the Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. 8. The Hon ble Bombay High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the law in accordance with the procedure, yet the only consequence, would be that in appeal, it would be restored to the Assessing Officer for fresh adjudication after following the due procedure. This would lead to unnecessary harassment of the Assessee by reviving stale/ old matters. 10. In the present case we find that the Assessing Officer has not adjudicated the objections filed by the assessee on reopening and has straightaway passed the assessment order. Thus, the assessment order has been passed in clear violation of law laid down by the Hon ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. Vs. Income Tax Officer (supra). The Assessing Officer is quasi judicial authority and has to follow t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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