2002 (11) TMI 7 - SC - Income Tax

Income Tax Notices Validated: Taxpayer Objection Rights Preserved, Assessment Proceedings Confirmed with Expedited Appeal Mechanism

GKN Driveshafts (India) Ltd. Versus Income-Tax Officer And Others

SC upheld notices under Income-tax Act sections 148 and 143(2), directing appellant to file objections and Assessing Officer to issue a reasoned order. ... Appellant challenging the validity of notices issued under sections 148 and 143(2) - High Court took the view that the appellant could have taken all the objections in its reply to the notices and that, at that stage, the writ petition was premature Accordingly, the writ petition was dismissed - We see no justifiable reason to interfere with the order under challenge The Supreme Court, in 2002 (11) TMI 7, dismissed the appellant's civil appeals challenging the validity of notices issued under Sections 148 and 143(2) of the Income Tax Act, 1961, which had been previously upheld by the Delhi High Court as premature for writ petition. The Court emphasized the procedural framework: upon issuance of a Section 148 notice, the assessee must file a return and may request reasons for the notice; the assessing officer is 'bound to furnish reasons within a reasonable time.' Subsequently, the assessee may file objections, which the assessing officer must address by passing a 'speaking order' before proceeding with reassessment. The Court directed that such objections, if filed, be disposed of accordingly for the five contested assessment years (1992-93, 1993-94, 1994-95, 1997-98, 1998-99). Appeals against assessment orders before the Commissioner (Appeals) were also to be disposed of expeditiously. The appeals were dismissed with no order as to costs.