2011 (8) TMI 1126 - HC - Income Tax

Summary

Issues involved: Challenge to notice of reopening of assessment, objections raised by petitioner, duty of Department to consider objections.

The petitioner challenged the notice of reopening of assessment dated 15.9.09, contending that it is bad in law. Detailed objections were raised by the petitioner upon receipt of reasons for reopening via communication dated 22.2.2010. However, these objections have not been disposed of yet. The petitioner also mentioned that the time limit for passing the order on the re-assessment proceedings has expired.

In response to the notice, the respondents appeared and filed a reply. It was noted that reference was made to the Transfer Pricing Officer, leading the Revenue to claim a longer period of limitation for completing the assessment. Despite this, it is undisputed that the objections raised by the petitioner on 22.2.2010 remain unresolved. As per the decision in the case of GKN Driveshafts (India) Ltd v. ITA, 259 ITR 19, the Department was obligated to consider these objections and dispose of them in accordance with the law.

The petition was disposed of with directions for the respondents, particularly the Assessing Officer, to address the petitioner's objections to the notice for reopening within four weeks from the date of receiving a copy of the order. Following the disposal of objections, if the petitioner remains aggrieved, they are entitled to pursue further legal remedies available to them.