TaxTMI 
TaxTMI 
2015 (5) TMI 871
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....the Assessment Year 2008-2009. 2. When this matter came up for hearing on the first occasion, i.e., 19.08.2014, we had recorded that the learned counsel for the petitioners had raised two points in this petition. The first point was that the petitioners came to know, after the re-assessment order, that the purported reasons for initiating reassessment proceedings had been recorded after the issuance of notice under Section 148. It was submitted that the clear position in law is that the reasons have to be recorded prior to the issuance of notice under Section 148. The second point urged by the learned counsel for the petitioners was that the objections furnished by the petitioners to the Section 148 notice had not been disposed of by a sep....
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.... all, inconceivable that when a document is being typed on or before 30.08.2012 (the date on which the notice under Section 148 was issued) that a future date of 19.09.2012 would be typed. Secondly, what is even more shocking is the fact that the printed date 19.09.2012 has been corrected in hand to read 18.09.2012. In other words, if there was a mistake in the printing of the date, the same has been corrected to read 18.09.2012. Therefore, it cannot be said that the date mentioned in the reasons, i.e., 18.09.2012 was an inadvertent mistake. The date had been consciously corrected. That being the position, the factual situation is that the reasons were recorded on 18.09.2012, they were also furnished to the petitioners on 18.09.2012, but th....
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....spose of the same by passing a speaking order. These are specific directions given by the Supreme Court in all cases where notices under Section 148 of the said Act are issued. Surely, the Assessing Officer could not have construed these specific directions to be a mere empty formalities or dead letters? There is a strong logic and purpose behind the directions issued by the Supreme Court and that is to prevent high-handedness on the part of Assessing Officers and to temper any action contemplated under Section 147 of the said Act by reason and substance. In fact, even Section 148(2) stipulates that the Assessing Officer shall, before issuing any notice under the said Section, record his reasons for doing so. The Supreme Court has only carr....
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....sons for doing so. In view of this provision, no dispute was raised before us about the procedure contemplated under this provision. From a bare perusal of section 148 of the Act, it is clear as crystal that the Assessing Officer is obliged to record reasons before issuing notice under section 148 of the Act...." (underlining added) 6. The decision sought to be relied upon by Mr Madan on behalf of the Revenue in the case of Adobe Systems Software Ireland Ltd. v. Assistant Dirctor of Income Tax, 2014(7) AD 244, is not at all relevant for the present discussion. That was a case which dealt with the furnishing of the reasons to the assessee. The issue which had arisen was whether the assessee was entitled to the reasons without even filing a....