2010 (3) TMI 706

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....rned counsel and at their request the matter is taken up for hearing and final disposal.   2. In the present case, the challenge under article 226 of the Constitution is to the reopening of an assessment for the assessment year 2004-05. The notice for reopening the assessment was issued onMarch 16, 2009and the reasons in support of the notice are datedJune 18, 2009. OnDecember 18, 2009the ....

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....essing Officer not to deal with the objections filed by the assessee to the reopening of the assessment particularly in view of the binding principle of law laid down by the Supreme Court in that regard. In the circumstances, during the course of the hearing, we have suggested to the learned counsel that it would be appropriate for this court to set aside the order of reassessment datedDecember 23....

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....ioner ;   (iii) In the event that an order adverse to the assessee is passed, effect shall not be given to the order for a period of four weeks thereafter to enable the assessee to seek recourse to its remedies against the order ;   (iv) If within the period specified in clause (iii) above, the order passed as per clause (ii) above is not stayed by a court and there is no order res....