TMI Blog2009 (3) TMI 64X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Niti Sheth for Mrs. Swati Soparkar for the Petitioner. Mr. Bhatt, Sr. Counsel, with Mrs. Mauna M. Bhatt for the Respondent. JUDGMENT JUSTICE D. A. MEHTA - On 16.02.2009 notice for final disposal had been issued and accordingly the petition is taken up for final hearing and disposal today. RULE. Learned counsel for the respondent is directed to waive service. 2. The facts in brief are that : for Assessment Year 2001-2002 against the returned income of Rs.28,79,998/-, the petitioner was assessed on a total income of Rs.93,20,410/- under Section 143(3) of the Income-tax Act, 1961 (the Act) on 15.03.2004. The matter was carried in appeal before Commissioner (Appeals) and thereafter before the Income Tax Appellate Tribunal (t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing two decisions of this High Court in the case of Arvind Mills Ltd. Vs. Assistant Commissioner of Wealth-Tax (No.1), [2004] 270 ITR 467 (Guj.) Arvind Mills Ltd. Vs. Assistant Commissioner of Wealth-Tax (No.2), [2004] 270 ITR 469 (Guj.) to contend that the respondent was under an obligation to first dispose of the preliminary objections raised by the petitioner and could not have framed the reassessment order. It was also submitted that as held by this Court until such speaking order is passed the respondent obviously cannot undertake reassessment. Learned advocate, therefore, submitted that the petition is required to be allowed on this limited ground. 5. Mr.M.R.Bhatt, learned Senior Standing Counsel appearing on behalf of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertake reassessment. 7. Applying the aforesaid settled legal position to the facts of the case it is apparent that the action of the respondent authority in framing the reassessment order, without first disposing of the preliminary objections raised by the petitioner, cannot be sustained. Accordingly, the reassessment order dated 16.12.2008 is hereby quashed and set aside and the respondent authority shall dispose of the preliminary objections by passing a speaking order and only thereafter proceed with the reassessment proceedings in accordance with law. Considering the fact that the normal period of limitation, for framing reassessment pursuant to notice dated 03.03.2008 issued under Section 148 of the Act, has already expired on 31.12. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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