TMI Blog2022 (3) TMI 253X X X X Extracts X X X X X X X X Extracts X X X X ..... n 12 weeks from today i.e., on or before 28.04.2022. - W.P(MD)No.2053 of 2022 and W.M.P.(MD)No.1765 of 2022 - - - Dated:- 3-2-2022 - THE HON'BLE MR. JUSTICE M.SUNDAR For the Petitioner : Mr.Nithyaesh Natraj For the Respondents : Mr.N.Dilipkumar , Senior Standing Counsel ORDER Mr.Nithyaesh Natraj, learned counsel for the writ petitioner (assessee) and Mr.N.Dilipkumar, learned Senior Standing Counsel for Income Tax (Revenue Counsel) who has accepted notice on behalf of both the respondents are before this virtual Court. Owing to the short point that is being canvassed in the captioned matter, main writ petition was taken up with the consent of both sides. 2. In the light of short point that is being canvassed fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon'ble Division Bench brings to light that it was a consent order before the Hon'ble Single Bench and the directive of the Hon'ble Single Judge is to give an opportunity of personal hearing to the petitioner and thereafter pass orders in accordance with law; that thereafter there was a notice dated 12.11.2021 under Section 142(1) of IT Act; that in response to this notice, writ petitioner sent 'objections dated 23.11.2021' (hereinafter 'said objections' for the sake of convenience and clarity); that thereafter a show cause notice (SCN) dated 16.12.2021 together with a draft assessment order came to be issued and this has led to an assessment order 'dated 20.12.2021 bearing reference DIN in Order No.ITBA/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the objections, if filed, by passing a speaking Order before proceeding with the assessment in respect of the abovesaid five assessment years.' 4. Having set out the trajectory and the lone point that is being argued in the hearing it is necessary to set out the bone of contention between the assessee and the Department in a nutshell. The bone of contention is fairly simple and that is whether profit on sale of what according to the writ petitioner is agricultural land are not liable to capital gains tax under Section 45 of IT Act. The issue is nothing more nothing less. 5. This Court now reverts to the GKN Driveshafts principle. From the narrative thus far which also captures the trajectory the matter has taken, it will be cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ning that one point now can be given a quietus by freezing the matter qua the objections of writ petitioner/assessee i.e., said objections dated 23.11.2021 and calling upon the Assessing Officer i.e, Department to proceed from this objections stage in accordance with GKN Driveshafts principle and complete the reassessment as expeditiously as the business of the first respondent i.e., Assessing Officer (AO) would permit. Before this Court does that it is deemed appropriate to extract and reproduce the orders of Hon'ble Single Judge and the order of the Hon'ble Division Bench in writ petitioner's earlier challenge to 31.03.2015 notice under Section 148 of IT Act. The reason is the order of the Single Judge has been placed before t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titions are closed.' 9. Order of the Hon'ble Division Bench dated 05.10.2021 is as follows: Challenging the order passed in W.P(MD)No.5110 of 2016, dated 18.03.2021, the writ petitioner has filed the above Writ Appeal. 2.The appellant filed the Writ Petition to issue a Writ of Certiorari, to call for the records pertaining to the impugned second notice dated 31.03.2015 and the consequential communication dated 18.02.2016 issued by the second respondent and to quash the same. 3.On a perusal of the order impugned in the Writ Appeal, it could be seen that the same is a consent order passed by the learned Single Judge. 4.When the Writ Petition came up for hearing before the learned Single Judge, the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X
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