9911796707
TMI Blog2016 (7) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... not let an assessee challenge a reopening notice before us on a ground not taken in the objections made to the Assessing Officer. However, on the face of it, it appears that the impugned notice is without jurisdiction. However, rather then admitting the petition and staying the notice in the peculiar facts, the Assessing Officer should have a chance to deal with it. In the above view at this stage, we are not disturbing the impugned notice or the order disposing of the objection and only directing the Assessing Officer to consider the petitioner's objections in respect of Section 92CA (2C) of the Act. It is made clear that in case the petitioner files its objections/representation with regard to Section 92CA (2C) of the Act within one we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer has filed an affidavit dated 24th June, 2016 pointing out that the notice dated 17th June, 2016 was sent by mistake and withdrawn by communication dated 21st June, 2016. The affidavit states that it was a genuine mistake and he tenders an unconditional apology for the same. We accept the same in the present facts. However, the officers of Revenue must be careful and ensure that the orders of this Court are followed in letter and spirit. 4. The petitioner has raised various contentions challenging the jurisdiction of the Assessing Officer, who issued the impugned notice including the date when impugned notice was issued and also with regard to sanction of the Commissioner of Income Tax. From the record we find that the impugned no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther to assess or reassess under section 147 or pass an order enhancing the liability of the assessee under Section 154, for any assessment year, proceedings for which have been completed before the 1st day of July, 2012. 6. In this case the petitioner points out that for the assessment year 2008-09 the regular Assessment under Section 143(3) of the Act was completed on 18th October, 2010. The sanction for the impugned notice is obtained on the transfer pricing adjustment as recorded in the reasons as follows : 4. In view of the above I have reason to believe that issue of ₹ 1,80,00,000/- and transfer pricing adjustment has escaped assessment within the meaning of Section 147 of the Act. Therefore, a fit case to re-open bein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 92CA (2C) of the Act. 8. It is made clear that in case the petitioner files its objections/representation with regard to Section 92CA (2C) of the Act within one week from today, the Assessing Officer will dispose of the same within a period of four weeks from the date the petitioner file its objections/representation only on the issue of Section 92CA (2C) of the Act. It is made clear that with regard to the other objections contended by the petitioner we are not inclined to entertain this petition. 9. However, in the peculiar facts of this case, we direct a stay of the impugned notice for further period of ten weeks from today. This would enable the petitioner to challenge the order disposing of the objection in respect of Section 9 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
