9911796707
TMI Blog2016 (4) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... ting to the reasons in support of the impugned notice recorded by the Assessing Officer is to ensure that the Assessing Officer has second look at the reasons recorded by him on consideration of the objections. In view of the fact that the Assessing Officer has completely misunderstood the scope of an order disposing of the objections to the reopening notice, we set aside the order dated 8th February, 2015. However, we restore the petitioner's objections to the impugned notice dated 27th March, 2015 for fresh disposal to the Assessing Officer to pass a final order after due consideration of the objections filed by the petitioner in accordance with law. Mr. Mohanty, learned Counsel for the Revenue states that the objections would be dispo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010 under Section 143(3) of the Act. The reasons in support of the notice refer to various issues which fall in the aforesaid two classes. The petitioner also filed an exhaustive objection to the reasons recorded on 15th March, 2015 pointing out that the reasons in support of the impugned notice do not indicate that the Assessing Officer has jurisdiction to issue the impugned notice under Section 148 of the Act. However, the Assessing Officer by the order dated 8th February, 2016 disposed of the exhaustive objections of the petitioner by proceeding on the basis that once a belief has been formed by the Assessing Officer that the income chargeable to tax has escaped assessment then such opinion cannot be challenged. It is on the above premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing of the objections to the reopening notice, we set aside the order dated 8th February, 2015. However, we restore the petitioner's objections to the impugned notice dated 27th March, 2015 for fresh disposal to the Assessing Officer to pass a final order after due consideration of the objections filed by the petitioner in accordance with law. Mr. Mohanty, learned Counsel for the Revenue states that the objections would be disposed of within a period of 4 weeks from today. However, the assessment proceedings are stayed for a further period of 10 weeks from today by staying the notice dated 27th March, 2015. This would enable the Assessing Officer to dispose of the objections within four weeks from today and also give time to the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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