Court quashes Assessment Orders, directs re-assessment within 30 days.

The court quashed the Impugned Assessment Orders for the Assessment Years 2010-2011 and 2011-2012 and remitted the cases back to the respondent to pass a speaking order. The respondent was directed to issue appropriate Assessment Orders within thirty days based on the objections filed by the petitioner, ensuring compliance with the law and on merits. The court emphasized the importance of timely assessment orders to avoid limitations lapses and cited the decision in GKN Driveshafts (India) Limited Vs. Income Tax Officer and Ors [2003] 259 ITR 19 (SC). The writ petitions were disposed of with specified instructions, and no costs were awarded.

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Issues:
Challenging Impugned Assessment Order for Assessment Years 2010-2011 and 2011-2012, Failure to file response in time for Assessment Year 2011-2012, Compliance with time limits under Section 153(2) of the Income Tax Act, 1961, Request for remittance back to respondent for considering objections filed.

Analysis:
The petitioner challenged the Impugned Assessment Order dated 28.12.2018 for the Assessment Years 2010-2011 and 2011-2012, arguing that the respondent proceeded to pass the order without providing a speaking order after the petitioner filed objections. The respondent contended that for the Assessment Year 2011-2012, the petitioner did not respond in time, and hence, the orders were passed within the statutory time limits as per Section 153(2) of the Income Tax Act, 1961.

The court noted that the petitioner failed to reply to the notice for the Assessment Year 2011-2012 but acknowledged that reasons for reopening the assessments were communicated. The court emphasized the importance of passing Assessment orders within the stipulated time to avoid lapses due to limitation. However, it also recognized that the petitioner submitted objections on the same day the Impugned Orders were passed, without a speaking order preceding them.

In light of the above, the court quashed the Impugned Assessment Orders and remitted the cases back to the respondent to pass a speaking order as per the decision in GKN Driveshafts (India) Limited Vs. Income Tax Officer and Ors [2003] 259 ITR 19 (SC). The court directed the respondent to pass appropriate Assessment Orders within thirty days from the date of receipt of the order, based on the objections filed by the petitioner, ensuring compliance with the law and on merits.

Therefore, the writ petitions were disposed of with the specified instructions, and no costs were awarded. The connected Writ Miscellaneous Petitions were closed accordingly.

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