2014 (7) TMI 689

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....ates appearing on behalf of the respective parties, the present petitions are taken up for final hearing today. 3. As common question of law and facts arise in these group of petitions and as such are between the same parties but with respect to different Assessment Years and different notices are issued for reassessment, all these petitions are decided and disposed of by this common judgment and order. 3.1. Special Civil Application No.8754/2014 has been preferred by the petitioner-assessee to quash and set aside the impugned notice dated 30/03/2014 issued under Section 148 of the Income Tax Act alongwith preliminary order dated 10/06/2014 for the Assessment Year 2007-08. 3.2. Special Civil Application No.8755/2014 has been prefer....

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....04/03/2010 and subsequently notice under Section 143 of the Act was issued. After the assessment order was passed, the Assessing Officer issued the notice under Section 148 of the Act to reopen the assessment proceedings for the Assessment Year 2007-08. The petitioner asked for the reasons for reopening of the assessment and the Assessing Officer furnished the reasons recorded for reopening of the assessment, which reads as under; "The assessee Company has filed its return of income for above assessment year on 05/05/2011 declaring 'NIL' income and order under Section 143(3) read with Section 153A(1)(b) of the Income Tax Act was passed on 30/12/2011 and returned income was accepted. The assessee is engaged in construction business. A ....

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....e Tax Act by way of issuing notice under Section 148 of the Income Tax Act." 4.2. The assessee raised various objections on merits as well as on the ground that the reassessment proceedings have been initiated on the audit objections and, therefore, it was requested to drop the reassessment proceedings. Thereafter, vide separate orders dated 10/06/2014 the Assessing Officer has disposed of the said objections. The petitioner was thereafter called upon to show-cause as to why the amount of Rs. 3,36,896/- for the Assessment Year 2007-08, Rs. 38,60,208/- for the Assessment Year 2008-09, Rs. 71,95,619/- for the Assessment Year 2009-10 and Rs. 2,50,000/- for the Assessment Year 2010-11 should not be added to the total income for the Assessmen....

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..... 6. To satisfy ourselves whether the reassessment proceedings have been initiated solely at the instance of the audit part and solely on the audit objections, we called for the original file from the office of the Assessing Officer. Ms. Bhatt, learned advocate appearing on behalf of the revenue has produced the relevant files from the office of the Assessing Officer. On perusal of the files and the notings and the relevant documents, it appears that the reassessment proceedings have been initiated at the instance of the audit party solely on audit objections. Under such factual aspects, the present petitions are required to be considered. 8. The issue involved in the present Special Civil Applications is squarely covered by the decis....