9911796707
TMI Blog2019 (2) TMI 452X X X X Extracts X X X X X X X X Extracts X X X X ..... RT] followed. Since a Bench of this Court, while entertaining this writ petition, by an ad interim order dated 16.11.2016 had clarified that no final order shall be passed by the Assessing Officer without leave of this Court, it is directed that the aforesaid order shall remain in force for a further period of three weeks after decision by the Assessing Officer on the objections preferred by the petitioner so as to enable him to approach the appropriate forum in accordance with law, if occasion so arises. - WRIT PETITION NO.40149 OF 2016 (T-IT) - - - Dated:- 23-11-2018 - MR. ALOK ARADHE J. ORDER Shri. S. Annamalai, learned counsel for the assessee. Shri. E.I. Sanmathi, learned counsel for the revenue. 2. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 154/155 of the Act on 14.02.2013. The petitioner filed a response to the aforesaid notice on 14.03.2013. An order of assessment was passed under Section 154 of the Act on 06.02.2014 by which a sum of ₹ 84,52,000/- was added to the income of the petitioner. Being aggrieved, the petitioner filed an appeal before the Commissioner of Income Tax (Appeals). The Appellate Authority, by an order dated 30.01.2015, allowed the appeal preferred by the petitioner and held that debatable issues do not come within the ambit of Section 154 of the Act. Admittedly, the order passed by the Appellate Authority was not challenged by the respondents and has attained finality. 6. The Assessing Officer issued a notice under Section 148 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gued that the sanction has to be obtained under the provisions of Section 151(1) of the Act. Whereas sanction in the instant case has been obtained under Section 151(2) of the Act which is not applicable to the factual matrix of the case. It is urged that the impugned notice under Section 148 has been issued merely on the basis of suspicion. It is also pointed out that the notice has been issued in the standard form wherein it is not mentioned whether the notice is for assessment or re-assessment and therefore, the notice is bad in law. It is also argued that if the notice is invalid for any other reason, the entire proceeding would be void and are liable to be quashed. 8. In support of his submissions, learned counsel for the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. The Hon ble Supreme Court, in the case of GKN DRIVESHAFTS (INDIA) LTD. v. INCOME-TAX OFFICER AND OTHERS (2003) 259 ITR 19 (SC) has held as follows: We see no justifiable reason to interfere with the order under interfere with the order under challenge. However, we clarify that when a notice under Section 148 of the Income-tax Act is issued, the proper course of action for the noticee 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 noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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