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TMI Blog2014 (8) TMI 598X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings are initiated merely and solely at the instance of the audit party and when the AO tried to justify the Assessment Orders and requested the audit party to drop the objections and there was no independent application of mind by the AO with respect to subjective satisfaction for initiation of the reassessment proceedings, the reassessment proceedings cannot be sustained – reassessment proceedings set aside – Decided in favour of Assessee. - Special Civil Application No.7140 of 2014 - - - Dated:- 30-7-2014 - M. R. Shah And K. J. Thaker,JJ. For the Petitioner : Mr. B. S. Soparkar For the Respondent : Mr. Varun K. Patel ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. RULE. Shri. Varun K. Patel, learned Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d / or, as such, there was no suppression on the part of the petitioner assessee. It is submitted that the assessment is sought to be reopened solely on the ground of refund of excise duty amounting to ₹ 150.24 lacs not being added to the total income. It is submitted that, as such, the explanation with regard to the above-mentioned ground was furnished to the AO and the petitioner had explained the treatment of excise duty refund at the time of assessment proceedings. It is even pointed out in the objections that the same practice was consistently followed in the past. It is, further, submitted that even otherwise the reassessment proceedings are initiated solely at the instance of the audit party, raising audit objections, which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essment is sought to be reopened at the instance of the audit party, solely on the ground of audit objections. It is also found that, as such, the AO tried to sustain his original assessment order and submitted to the audit party to drop the audit objections. Such being the position, the matter requires to be considered. This Court has observed and held as under at Para-8 in MAYUR WOVENS PVT. LTD. (Supra); 8. The issue involved in the present Special Civil Applications is squarely covered by the decision of the Division Bench of this Court in the case of Shilp Gravures Ltd. (Supra) and in the case of Vodafone West Ltd. (Supra) by which a view is taken that if the reassessment proceedings are initiated merely and solely at the instance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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