9911796707
TMI Blog2021 (11) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... ven thereafter, it was incumbent on the part of the respondent to have passed a speaking order, in terms of the decision of the Hon-ble Supreme Court [ 2002 (11) TMI 7 - SUPREME COURT ] before passing an assessment order. Considering the same impugned order is set aside and the case is remitted back to the respondent to pass a speaking order and thereafter, complete the assessment in accordance with law. - W.P.No.327 of 2019 & W.M.P.Nos.6925 & 325 of 2019 - - - Dated:- 25-11-2021 - HONOURABLE MR.JUSTICE C.SARAVANAN For the Petitioner : Mr.R.Sivaraman For the Respondent: Ms. Hema Murali Krishnan Sr. Standing Counsel ORDER The petitioner has challenged the impugned assessment order dated 27.11.2018 passed pursuance to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that they were unaware as to Shirish C Shah or his group companies particularly M/s. Yantra Natural Resources Limited of the company mentioned in the reasons for reopening of the notice was there. 6. It is submitted that after the aforesaid reply, the respondent proceeded to issue notice under Section 143 (2) of the Income Tax Act, 1961 on 09.08.2018 and thereafter, another notice under Section 142 (1) of the Income Tax Act, 1961 and it is only thereafter, the petitioner has filed an objection. It is submitted that question of filing an objection after the assessment proceedings had recommenced after furnishing of the reasons for reopening the assessment cannot be countenanced in the light of the decision of the Hon ble Supreme Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. Notices relating to the other five assessment years, viz., 1992-93, 1993-94, 1994-95, 1997-98 and 1998-99, are now the subject-matter of these appeals. We see no justifiable reason to 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 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, as the reasons have been disclosed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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