2013 (10) TMI 1031

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....ncome-tax Act, 1961, finalized as per exhibit P5, was sought to be reopened under section 147, referring to escaped assessment and exhibit P6 notice under section 148 was issued in this regard. The petitioner sought for reasons to be given in writing, vide exhibit P7, in tune with the law declared by the apex court in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19 (SC). This, was furnished, vide exhibit P8, dated April 25, 2012. In the meanwhile, the petitioner approached this court by way of W. P. (C.) No. 13397 of 2012, challenging the course and proceedings, stating that the proceedings were barred by limitation, that there was no fault or lapse or non-disclosure of any material facts enabling the respondents to reopen the asse....

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....would not find a place in the books of account and as such, absolutely "no opinion was formed" by the concerned officer while passing exhibit P5 assessment order, more so when no reference was made to the survey and the disclosure effected on February 1, 2006. After hearing both the sides, this court held as per judgment dated August 22, 2012 in W. P. (C.) 13397 of 2012, whether there was any lapse/failure on the part of the assessee in having effected "full and true disclosure" of the particulars necessary for assessment for the year 2006-07 was a matter, to be looked into and decided with reference to the materials on record, including the statement dated February 1, 2006, and the subsequent letter dated February 3, 2006, in confirmation.....

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.... maintainable and that no writ will lie to implement a verdict already passed by this court ; that too by a Division Bench. It is also pointed out that, the idea and understanding of the petitioner is quite wrong and misconceived. A specific observation was made by the Division Bench in the last paragraph of the judgment (cited supra), whereby it was held that the Bench did not deem it necessary to direct the respondents to pass separate order in the manner as desired by the petitioner-appellant before passing the verdict on the merits, It is also pointed out that, the assessment had to be finalized on the merits as well, on or before March 31, 2013, lest, it should get time barred and the attempt of the petitioner is only to get the procee....