2010 (3) TMI 706

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... no or justification for the Assessing Officer not to deal with the objections filed by the assessee to the reopening of the assessment particularly in view of the binding principle of law laid down by the Supreme Court in that regard - Decided in favor of the assessee by way of remand to AO
CHANDRACHUD D. Y. DR. and DEVADHAR J. P., JJ. Judgment: Rule, returnable forth with. By consent of th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ring the course of the hearing of these proceedings, counsel appear-ing on behalf of the Revenue has fairly stated on instructions of the Assessing Officer who is present in the court that the directions contained in the judgment of the Supreme Court in GKN Driveshafts (India) Ltd. [2003] 259 ITR 19 were not complied with. In our view, there is absolutely no or justification for the Assessing Offi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cember 21, 2009 disposing of the objections of the assessee are quashed and set aside ; (ii) The Assessing Officer shall pass a fresh order on the objections raised by the assessee to the proposed reassessment within a period of four weeks from today after furnishing an opportunity of being heard to the assessee and serve a copy of the said order upon the petitioner ; (iii) In the event that a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X