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2020 (2) TMI 657

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..... well to inform the writ applicant in writing about its decision to drop the reopening. - R/SPECIAL CIVIL APPLICATION NO. 20269 of 2018 - Dated:- 27-1-2020 - MR. J.B. PARDIWALA AND MR. BHARGAV D. KARIA JJ. Appearance: Mr. B.S. Soparkar (6851) for the Petitioner(s) No. 1 Mrs. Kalpanak Raval(1046) for the Respondent(s) No. 1 ORAL ORDER (PER : MR.J.B.PARDIWALA) 1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs; (A) Quash and st aside the impugned notice at Annexure-A to this petition. (B) Pending the admission, hearing and final disposal of this petition, no stay implementation and operation of the notice at Annexure-A to this petition and stay further proceedings .....

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..... at the property being stock-in- trade is reflected in the books of accounts of the petitioner's proprietary concern C.R. Patil Sankul in respect of which the petitioner is maintaining separate books of accounts. It was pointed out that in this case the impugned notice is issued on 31.3.2018; vide letter dated 9.4.2018 the petitioner had called upon the respondent Assessing Officer to furnish a copy of the reasons recorded for reopening the assessment, however, such reasons came to be furnished only on 14.9.2018, and hence, there was some delay in raising the objections. It was submitted that the Assessing Officer is, therefore, not disposing of the objections on the ground of delay and is proceeding further with the assessment. 3. Havin .....

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..... er, the audit itself has dropped the objection. Hence, the proceedings under sec. 147 reopening the assessment have been dropped. Thus, the Honourable Court may kindly be intimated that subject notice has been withdrawn. The petition may be decided upon accordingly. 5. The communication is ordered to be taken on record. 6. Thus, it appears that the audit itself has dropped objection. In such circumstances, the proceedings under Section 147 have also been dropped. In such a situation, we need not adjudicate this writ application any further on merits. However, at this stage, Mr. Soparkar, the learned counsel appearing for the assessee pointed out that his client, as on date, has not received any intimation in this regard in writing. Since a .....

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