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2020 (9) TMI 333

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..... king order - HELD THAT:- As decided in GKN Driveshafts (India) Ltd [ 2002 (11) TMI 7 - SUPREME COURT] when a notice under section 148 of the Income-tax Act is issued, the proper course of action for the noticee is to file a return and if he so desires, to seek reasons for issuing notices. Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is .....

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..... HNOI For the Petitioner : Mr. Sundeep Bhandawat JUDGMENT This writ petition has been preferred on behalf of the petitioner being aggrieved with the notice dated 26.2.2020 (Annex.-5) issued by the respondent No.2 under Section 148 of the Income Tax Act, 1961 (for short 'the Act of 1961') for the assessment year 2015-16. In the above notice, the respondent No.2 has mentione .....

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..... been recorded by the respondent No.2 while issuing notice dated 26.2.2020 (Annex.-5). Learned counsel for the petitioner has submitted that the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. Vs. Income-Tax Officer and Others, reported in 2003 (1) SCC 72 has specifically held that the Assessing Officer is bound to furnish reasons within a reasonable time and after receipt .....

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..... onable 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. In view of the above, this writ petition is disposed of with a direction to the Assessing Officer to supply the reasons to the petitioner pursuant to her representation dated 3.4.2020 (Annex.-6) within a per .....

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