9911796707
TMI Blog2014 (4) TMI 898X X X X Extracts X X X X X X X X Extracts X X X X ..... essment year 1998-99 and re-assessment order dated 24.03.2006. Brief facts of the case are that the petitioner was carrying on the business of purchase and sale of shares. The petitioner is a Company, incorporated under the Indian Companies Act, 1956. For the year under consideration, the petitioner filed return disclosing income of Rs.1640/-. Income Tax Officer, Ward 2 (1), Kanpur passed the assessment order on 22.03.2000 under Section 143 (3) of the Act. Thereafter, notice under Section 148 of the Act has been issued to reopen the proceedings under Section 147 of the Act. After re-opening of the proceeding, notice under Section 142 (1) of the Act has been issued by the assessing officer on 07.02.2006. Further a notice has been issued on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, still the assessing authority has passed the assessment order on 24.03.2006 in defiance of the interim order passed by this Court. The assessment order is being challenged by way of amendment. The amendment application has been allowed on 25.08.2009. Learned counsel for the petitioner submitted that till date reasons recorded has not been provided to the petitioner and even despite the order of this Court dated 14.02.2014, reasons recorded has not been brought on record. He submitted that notice under Section 148 of the Act has not been served upon the petitioner, inasmuch as initiation is based on no material. In the assessment order also, the source of the information has not been mentioned. Sri Dhananjay Awasthi, learned counsel app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 24.03.2006. It is the case of the department that the copy of interim order has been served on 29.03.2006 and prior to the receipt of the interim order, ex-parte assessment order has been passed. Without going in the question that whether the order has been received on 29.03.2006 or prior to the passing of the order, we are of the view that the writ petition be disposed of asking the petitioner to file the return in compliance of the notice under Section 148 of the Act for the assessment year 1998-99. The assessing authority may provide the copy of the reasons recorded and it will be open to the petitioner to challenge the initiation of the proceedings and to participate in the proceedings. In case, if the petitioner files any objection ..... X X X X Extracts X X X X X X X X Extracts X X X X
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