9911796707
|
Home
Issues:
1. Quashing of reasons for assuming jurisdiction under section 147 for reassessment of income. 2. Quashing of notices issued under section 148 for assessment years 1993-94 and 1994-95. 3. Restraining the respondent from further proceedings based on the notice issued under section 148. Analysis: Issue 1: Quashing of reasons for assuming jurisdiction under section 147 for reassessment of income The petitioner sought directions under article 226/227 of the Constitution of India to quash the reasons communicated for assuming jurisdiction under section 147 for reassessing the income for the assessment years 1993-94 and 1994-95. The court referred to the decision of the Apex Court in the case of GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 191, which emphasized that when a notice under section 148 of the Income-tax Act, 1961 is issued, the assessee is entitled to file objections and the Assessing Officer must furnish reasons within a reasonable time. In this case, the reasons had been provided to the petitioner, and the return had been filed by the assessee. The court directed the assessee to prefer objections, and the Assessing Officer was mandated to dispose of the objections within 30 days from their receipt. Issue 2: Quashing of notices issued under section 148 for assessment years 1993-94 and 1994-95 The petitioner also sought to quash the notices dated 29-3-2001 issued under section 148 for the assessment years 1993-94 and 1994-95. The court, in line with the Apex Court's guidance, directed the Assessing Officer to issue a notice to the assessee within 15 days, calling upon the assessee to file objections within four weeks if desired. This process was to be followed to ensure proper disposal of objections and adherence to the principles laid down by the Apex Court. Issue 3: Restraining the respondent from further proceedings based on the notice issued under section 148 Lastly, the petitioner requested to restrain the respondent from taking any steps or proceedings based on the notice dated 29-3-2001 issued under section 148 for the assessment years 1993-94 and 1994-95. The court did not explicitly address this issue in the judgment, but the directions provided in relation to the objections and the disposal process implied a temporary restraint until the objections were duly considered and disposed of by the Assessing Officer. In conclusion, the High Court of Delhi disposed of the petition with directions for the assessee to file objections, the Assessing Officer to dispose of objections within 30 days, and for the issuance of a notice to the assessee within 15 days for filing objections. These directions were in line with the principles established by the Apex Court, ensuring a fair and transparent process in dealing with the reassessment of income for the specified assessment years.
|
