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TMI Blog2016 (12) TMI 1556X X X X Extracts X X X X X X X X Extracts X X X X ..... r is bound to dispose of the same by passing a speaking order. In the instance case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment in respect of the abovesaid five assessment years AO may not pass any reassessment order in haste, more particularly either disposing of the objections and/or without giving reasonable and sufficient time to the assessee to challenge the order disposing of the objections and as nothing is on record that as on today either the objections made by the petitioner are disposed of and/or any decision disposing of the objections is communicated to the petitioner, we dispose ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision if any disposing of the objections. 5.00. In the case of GKN Driveshafts (India) Ltd (supra), the Hon'ble Supreme Court has laid down an elaborate procedure as to the manner of dealing with objections raised against a notice under Section 148 of the Act in the following words:- ......However, we clarify that when a notice under section 148 of the Income-tax Act is issued, the proper course of action for the notice is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the notice is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence / tax appeal to the High Court. Viewed in this light, it appears to me that the rigour of availing of the alternative remedy before the Assessing Officer for objecting to the re-assessment notice under section 148 has been considerably softened by the Apex Court in G.K.N. case (2003) 259 ITR 19 in the year 2003. In my view, therefore, the G.K.N. case (2003) 259 ITR 19 (SC) does not run counter to the Calcutta Discount Co. Ltd. case (1961) 41 ITR 191 (SC) but it merely provides for challenge to the re-assessment notice in two stages, that is,- i. raising preliminary objections before the Assessing Officer and in case of failure before the Assessing Officer, ii. challenging the speaking order of the Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice, the assessee files his return of income in response to such notice, the Assessing Officer shall supply the reasons recorded by him for issuing such notice within 30 days of the filing of the return by the assessee without waiting for the assessee to demand such reasons. 2. Once the assessee receives such reasons, he would be expected to raise his objections, if he so desires, within 60 days of receipt of such reasons. 3. If objections are received by the Assessing Officer from the assessee within the time permitted hereinabove, the Assessing Officer would dispose of the objections, as far as possible, within four months of date of receipt of the objections filed by the assessee. 4. This is being done in order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income Tax in Special Civil Application No. 7814 of 2015 , the Division Bench of this Court, considering the aforesaid decision, has set aside the reassessment order solely on the ground that no reasonable time was given to the assessee to challenge the order disposing of the objections. 10.00. The A.O. is bound to follow the law laid down by this Court and/or decision of this Court, more particularly decisions referred to hereinabove. 11.00. With a hope and trust that the A.O. will follow the aforesaid decisions of the Hon'ble Supreme Court as well as this Court and may not pass any reassessment order in haste, more particularly either disposing of the objections and/or without giving reasonable and sufficient time to the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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