9911796707
TMI Blog2004 (9) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... e Commissioner of Income-tax in exhibit P6 revisional order under section 264 - In the circumstances, I decline to go into the merits of the contentions raised against impugned order leaving freedom to the petitioner to pursue the remedy in appeals filed before the statutory authority - - - - - Dated:- 10-9-2004 - Judge(s) : C. N. RAMACHANDRAN NAIR. JUDGMENT C.N. Ramachandran Nair J. - The petitioner which is a private limited company, is challenging exhibit P6 revisional order of the Commissioner of Income-tax issued under section 264 of the Income-tax Act, 1961, refusing to interfere with exhibit P3 issued by the Assessing Officer overruling the petitioner's objections against reopening of assessments under section 147 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax Department. The petitioner has relied on the decision of the Supreme Court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 and contended that exhibit P6 order of the Commissioner of Income-tax upholding the reopening of the assessments vide exhibit P3 order is untenable. However, it is conceded that the petitioner has filed statutory appeals against the revised assessments completed under section 147 pursuant to reopening of assessments under exhibit P3 and confirmed vide exhibit P6 order. It is also submitted that the validity of reopening of the original assessments is also a ground raised in the appeals filed before the Commissioner of Income-tax (Appeals) against the revised assessments. The petitioner, probably, fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... djudication on the objection on reopening, even then the statute does not contemplate separate contests against the order upholding the reopening in revision before the Commissioner of Income-tax and appeal against the revised assessment before the appellate authority. Therefore, it would not be proper for the Commissioner of Income-tax to decide the revision filed against the reopening on the merits, unless the assessee waives his right of appeal and files revision under section 264 of the Act against the consequent reassessment itself. In other words, even if an order upholding the reopening is issued independently, it forms the basis and part of the reassessment under section 147 and it is open to the assessee to challenge the said order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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