2014 (7) TMI 722

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Mrs. Mauna M. Bhatt ORDER (Per : Honourable Mr. Justice M. R. Shah) 1. RULE. Ms. Mauna Bhatt, learned advocate waives service of notice of rule on behalf of the respondents in both the petitions. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, both the petitions are taken up for final hearing tod....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nt proceedings have been initiated on the audit objections and, therefore, it was requested to drop the reassessment proceedings. Thereafter, vide separate orders dated 17/02/2014 the Assessing Officer has disposed of the said objections. The petitioner was thereafter called upon to show-cause as to why refund of excess duty and accrued VAT should not be added to the total income for the Assessmen....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is colourable exercise of jurisdiction by the Assessing Officer. It is submitted that as such the reassessment proceedings cannot be initiated merely on the basis of the audit objections, more particularly, when the Assessing Officer has no subjective satisfaction. Relying upon the decisions of the Division Bench of this Court in the case of Commissioner of Income-tax, Ahmedabad - IV Vs. Shilp Gr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ated at the instance of the audit party solely on audit objections. It is also found that as such the Assessing Officer tried to sustain his original assessment order and even submitted to the audit party to drop the 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 ....