9911796707
TMI Blog2015 (8) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... ive sanction and the Assessing Officer is not obliged to provide a copy of the same to assessee. The affidavit-in-reply to the above petition filed by the revenue also does not contain a copy of this sanction, although it does mention that the necessary sanction has been obtained. Mr. Chhotaray, the learned Counsel for the revenue submits that revenue cannot be compelled to give a copy of the sanction to the assessee. We find this attitude of the revenue rather strange. The law requires the sanction to be obtained while issuing notice under Section 151 of the Act as in the absence of appropriate sanction, the proceedings itself are without jurisdiction. We would have expected the revenue to have made a copy of sanction available to the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tices seek to reopen the assessment proceedings for the Assessment Years 2007-08, 2008-09 and 2009-10. 3. The reasons for reopening of the assessment for all the three years as furnished to the petitioners are identically worded (save the assessment year involved and the amount alleged to have escaped assessment) running into about five pages. The basic ground for reopening of assessment is the order passed by the Customs and Central Excise Settlement Commission enhancing the value of imported liquor for the period 2004-05 to 2009-10 resulted in payment of differential duty of customs of ₹ 58.04 crores. It is on the above basis that the revenue seeks to disallow an expenditure of ₹ 58.42 crores claimed for the Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the copy of the same. 3. As per the investigations carried on by the DRI and the customs department a penalty had been levied to the tune of ₹ 58 crores and similar amount was debited across 6 years by the assessee on sales promotion, discounts, product displays (hereinafter Promotional expenditure) which proves a kind of nexus and these two events cannot be seen separately and all the expenses are to the tune of 25% to 30% approx over the years. The event as mentioned above requires in depth study and issue of notice u/s 148 is valid and good in law and your objections to the issue are hereby settled. Further, the claim of the promotional expenditure is at a higher side looking at the nature of brands sold by your company wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within jurisdiction. 7. In the above circumstances, we set aside the three orders dated 15 January 2015 and restore the issue to the Assessing Officer to enable disposal of the petitioner's objections in accordance with the law. So as to avoid the reassessment proceedings becoming time barred, we make clear that the period of 15 weeks from today would stand excluded for the purpose of computing period of limitation under Section 153 of the Act. It is made clear that in case the Assessing Officer disposes of the objections after 10 weeks from today, he would not initiate reassessment proceedings for further period of four weeks as from the date of communication of the order disposing of the objections. This further period would also s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
