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TMI Blog2016 (7) TMI 932X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessment for Assessment year 2008-09. 3. We had by our order dated 22nd June, 2016 directed the Assessing Officer to explain his conduct in having issued a notice dated 17th June, 2016 under Section 142(1) of the Act to the petitioner, in the face of the order dated 15th June, 2016 of this Court staying the impugned notice. Mr.Prathamesh Lawand, the Assessing 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has filed an affidavit dated 24th June, 2016 pointing out that the notice dated 17th June, 2016 was sent by mistake and withdrawn by communication dated 21st June, 2016.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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned notice being without jurisdiction. 5. However, the petitioner invited our attention to Section 92CA (2C) of the Act which read as under : "92CA. Reference to Transfer Pricing Officer. - (1) .... .... .... (2) .... .... .... (2A) .... .... .... (2B) .... .... .... (2C) Nothing contained in sub-section (2B) shall empower the Assessing Officer either 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 O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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