TMI Blog2021 (8) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at the original instance and thus the proviso to Section 147 would stand attracted and would have to be satisfied. The proviso casts responsibility upon the Department to establish that the escapement of income alleged has been occasioned by virtue of the assessee not having made a full and true disclosure of its taxable income in its return of income/in the course of original assessment. Al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of GKN Drive Shafts[ 2002 (11) TMI 7 - SUPREME COURT] is complied with. Since the impugned proceedings are yet to culminate in a speaking order on the aspect of jurisdiction, I am of the view that this Writ Petition is pre-mature and that the petitioner should await passing of the speaking order. Let the respondent hear the petitioner and pass orders on the objections dated 12.07.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned counsel for the petitioner draws my attention to the fact that an order of assessment under Section 143(3) had been passed at the original instance and thus the proviso to Section 147 would stand attracted and would have to be satisfied. The proviso casts responsibility upon the Department to establish that the escapement of income alleged has been occasioned by virtue of the assessee not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d orders are awaited in regard to the same, it would be appropriate that the procedure for re-assessments, as set out by the Hon ble Supreme Court in the case of GKN Drive Shafts V. ITO (259 ITR 19) is complied with. 6. In conclusion of the judgment, the Bench states as follows: We see no justifiable reason to interfere with the order under challenge. However, we clarify that when a notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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