2012 (8) TMI 612

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.... the Constitution is that an order of assessment was passed by the Assessing Officer on December 29, 2011, for the assessment year 2004-05 following a reopening of the assessment under section 148 of the Income-tax Act, 1961, without communication of the reasons for the reopening and without furnishing to the petitioner an opportunity of filing its objections as man- dated in the judgment of the S....

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....mitted facts, it is evident that there has been a complete violation of the applicable principles of law by the Assessing Officer. The Assessing Officer was required to communicate the reasons for reopening the assessment which he has failed to do. The Assessing Officer despite the judgment of the Supreme Court in GKN Driveshafts (India) Ltd. [2003] 259 ITR 19 (SC) has failed to provide an opportu....

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....hese circumstances, we are inclined to quash and set aside the impugned order of assessment which has been passed in a brazen violation of the governing principles of law. However, in order to obviate the bar of limitation, we intend to incorporate a protective stay in order to enable the Assessing Officer to proceed further in accordance with law. Hence, we pass the following order :   (i....