TMI Blog2021 (4) TMI 1098X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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 . In the light of the above, the impugned order dated 30.12.2019 is set aside. The petitioner is permitted to file objections to the assumption of jurisdiction within a period of four (4) weeks from date of uploading of this order and an order be passed either accepting or rejecting the same within a period of three (3) weeks from date of receipt of objections, after hearing the petitioner. Proceedings for assessment, if any all, shall be initiated in accordance with law, thereafter. - W. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 148 of the Act. Under reply dated 28.11.2019, again filed before the Office of the Additional/Joint Commissioner of Income Tax, the petitioner reiterated the supply of reasons. 5. On 26.12.2019, reasons have been furnished and on the same day a questionnaire under Section 142(1) issued, calling upon the assessee to explain why re-assessment not be completed as proposed in the notice and listing the matter on 27.12.2019, at 11.00 a.m. On 30.12.2019, some time for reply is sought by the petitioner. 6. However, the order of assessment has been passed on the same day, i.e., on 30.12.2019, impugned in this Writ Petition. 7. The procedure for re-assessment in line with the prescription of the Supreme Court in GKN Drive Shaft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where in conclusion, the Bench states as follows: We see no justifiable reason to interfere with the order under challenge. However, we clarify that when a notice under Section 148 of the Income tax Act is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notices. 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 . 4. In the light of the above, the impugned order dated 30.12.2019 is set aside. The petitioner is permitted to file objections to the assumption of jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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