2009 (12) TMI 286

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....and November 4, 2009, on the file of the respondent pursuant to the notice dated December 19, 2008, and December 5, 2008, relating to the assessment years 2003-04 and 2004-05 and quash the same. 2. The petitioner is a registered company under the provisions of the Indian Companies Act and carrying on the business of operating a television network. Being an assessee on the file of the respondent, the Deputy Commissioner of Income-tax, the petitioner has been maintaining the regular books of account by filing returns of income regularly. In respect of the year 2003-04, the return was filed by the petitioner declaring annual income. After processing the income, the Income-tax Department accepted the same pursuant to the issue of a prima fac....

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....aw and in support of her submission, she has also relied upon CIT v. Hackbridge-Hewittic & Easun Ltd. [1985] 154 ITR 378 (Mad) and CIT v. E. I. D. Parry (India) Ltd. [1998] 230 ITR 70 (Mad). The above mentioned judgments have held that the reopening of assessment cannot be done on the basis of audit objection and on this basis, the learned counsel appearing for the petitioner seeks to quash the abovesaid impugned notices. 4. In reply, the learned senior special public prosecutor appearing for the respondent would submit that this court shall not entertain the writ petitions since the petitioner has got effective and an alternative remedy under section 251, as an appeal and further right of appeal under section 252 before the Income-tax A....