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TMI Blog2015 (5) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... a protective relief. We do not think that this Court should proceed on the footing and at this stage that the deduction will be revisited. In such circumstances, we dispose of this Writ Petition with a direction that the Assessing Officer shall take into consideration the objections that have been raised and forming part of this order and set out in the Writ Petition as resistance and objections of the Petitioner to reopening or revisiting the deduction under section 80IA(4) of the Income Tax Act, 1961. All pleas including those raised in this Writ Petition shall be considered by the Assessing Officer as if they have been raised in a personal hearing - Writ Petition (L) No. 919 of 2015 - - - Dated:- 30-3-2015 - S C Dharmadhikari And A K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing this Appeal and in reassessment proceedings, but for distinct reasons, now the Assessing Officer is likely to revisit the same deduction and pass an order. 4. Our attention is invited to the third proviso to section 147 of the Income Tax Act, 1961 (proviso which has been brought in w.e.f. 1st April, 1008 by Finance Act, 2008). Our attention was also invited to the order passed by the Assessing Officer in the substantive/regular proceeding. It is therefore submitted by Mr. Mistri that within a short time it will not be possible for the Petitioner to resist completely this proposed step of the Assessing Officer. In the event an adverse order is passed and reopening or revisiting this deduction, then, the Petitioner shall suffer serious ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rification and based, as apprehended by the Petitioner, on some general circulars. In the event any order is passed on conclusion of the reassessment proceedings and if it is adverse to the interest of the Petitioner, the Petitioner can file a Appeal against that order and seek a protective relief. We do not think that this Court should proceed on the footing and at this stage that the deduction will be revisited. In such circumstances, we dispose of this Writ Petition with a direction that the Assessing Officer shall take into consideration the objections that have been raised and forming part of this order and set out in the Writ Petition as resistance and objections of the Petitioner to reopening or revisiting the deduction under section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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