2020 (4) TMI 54

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..... opinion that reprieve needs to be granted to the petitioner in view of settled position of law vide decision of the Apex Court in GKN DRIVESHAFTS (INDIA) LTD. V. INCOME-TAX OFFICER [ 2002 (11) TMI 7 - SUPREME COURT ] which states when a notice under section 148 is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notice. AO is .....

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..... Petitioner-Assessee has presented this writ petition for laying a challenge to the Assessment Order dated 29.12.2018, a copy whereof is at Annexure-B1 covering the Assessment Year 2013-14 made by the respondent under Section 143(3) r/w 147 of the Income Tax Act, 1961. Petitioner grieves that his Objections preceding the Assessment Order ought to have been considered by the respondent and this havi .....

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..... action for the noticee is to file return and if he so desires, to seek reasons for issuing notice. 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, as the reasonshad been discl .....

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