9911796707
TMI Blog2003 (3) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... f both learned counsel for the petitioner and the respondent, the main writ petition itself is taken up for final hearing and disposal. The petitioner is a public company registered under the Companies Act. The company filed its return of income for the assessment year 1993-94 on December 31, 1993, which was the due date for filing the return under the Indian Income-tax Act. The return was processed under section 143(1)(a) of the Income-tax Act on November 17, 1994. After the case was taken up for scrutiny, proceedings were initiated by issuance of a notice under section 143(2) of the Act. The assessment was completed under section 143(3) of the Act by an order dated February 8,1996. Before the assessment was completed, certain particulars ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsence of such compliance, the right to make objections by the petitioner is totally defeated. Hence, the petitioner has approached this court by way of this writ petition, seeking for a direction forbearing the respondent from making or issuing or serving an assessment under section 147 of the Act read with section 143(3) of the Act, pursuant to the notice under section 148 of the Act dated May 31, 2001. Mr. V. Ramachandran, learned senior counsel appearing for M/s. Anita Sumanth, learned counsel for the petitioner, submitted that in the absence of a proper opportunity given to the petitioner to submit its objections for want of the communication of reasons recorded by the assessing authority, in the event the assessment under section 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the objections and as a necessary corollary, the Assessing Officer has to consider those objections and pass a speaking order. In the absence of the above compliance, the petitioner is entitled to the relief sought for in this writ petition. However, learned standing counsel for the respondent submitted that in view of the last date falls on today, i.e., March 31, 2003, appropriate orders as to the extension may be granted. In view of the said submission, the Assessing Officer is given two weeks time from the date of receipt of a copy of this order or production of a copy of this order by the petitioner for furnishing reasons to the petitioner for such assessment. On such receipt of the reasons, the petitioner is entitled to file all obje ..... X X X X Extracts X X X X X X X X Extracts X X X X
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