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2021 (9) TMI 1183

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..... assessment year. Learned Revenue counsel, on instructions, submits that the speaking order will be passed within a fortnight and the same will be served on the writ petitioner under due acknowledgment within three days from the date of making of the speaking order. This draws the curtains on the captioned writ petition. Captioned Writ Petition is disposed of as closed, recording the stated posi .....

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..... /S/148/2020-21/1031704538(1)' [hereinafter 'impugned notice' for the sake of convenience and clarity] has been called in question in the captioned writ petition. 3. Aforementioned impugned notice is under Section 148 of 'The Income-tax Act, 1961 (43 of 1961)' [hereinafter 'IT Act' for the sake of brevity] and it has been issued by the respondent saying that the respo .....

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..... s request, but there is no disputation in this regard. 6. On instructions, learned counsel for writ petitioner submits that post receipt of reasons for reopening, Assessee has sent its objections and there is no disputation or disagreement in this regard. If this is the case, a mechanism put in place by Hon'ble Supreme Court vide GKN Driveshafts principle operates. This mechanism has been n .....

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..... y passing a speaking order, before proceeding with the assessment in respect of the above said five assessment years.' 7. Therefore, the respondent has to now dispose of the objections by passing a speaking order before proceeding with assessment in respect of aforementioned assessment year. Learned Revenue counsel, on instructions, submits that the speaking order will be passed within a f .....

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