2012 (8) TMI 614

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..... ing Officer has acted arbitrarily and in a manner clearly contrary to law in passing an order without disposing of the objections of the assessee - order of reassessment quashed and set aside - 371 of 2012 - - - Dated:- 2-3-2012 - CHANDRACHUD D. Y. DR., SANKLECHA M. S., JJ. JUDGMENT Rule, by consent returnable forthwith. With the consent of counsel and at their request the petition is .....

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..... n breach of the judgment of the Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 (SC). The principle laid down by the Supreme Court was binding upon the Assessing Officer. Instead of complying with the decision, the Assessing Officer has acted arbitrarily and in a manner clearly contrary to law in passing an order without disposing of the objections of the assessee. The atten .....

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..... e the assessee to seek recourse to its remedies against the order ; (iv) if within the period specified in clause (iii) above, the order passed as per clause (ii) above is not stayed by a court and there is no order restraining the Assessing Officer from passing a reassessment order, the Assessing Officer would be at liberty to pass an order of reassessment within a period of two weeks from th .....

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