2015 (7) TMI 399

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....he Income-tax Act, 1961 are not at all applicable in the case of the appellant. As out of the total interest, the interest for the assessment year 1997-98 is Rs. 32,806, which is below 1,00,000, so the notice u/s. 148 is time barred, according to sec.149/151 of the Income-tax Act, 1961. 2. The Learned CIT(Appeals)-XXVIII and the Assessing Officer has erred in facts that any new facts were the reason for reopening the case, which was earlier, not disclosed by the assessee. As the assessment has been wrongly reopened by invoking the provisions of sec. 147 as the assessee has disclosed all the relevant facts in the original return filed by him and mere change of opinion of the Assessing Officer cannot be the basis for re-opening of assessme....

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....6 and 7 are general in nature. 4. Heard and considered the arguments advanced by the parties in view of orders of the authorities below, material available on record and the decisions relied upon. 5. In support of the ground Nos. 4 and 5, the Learned AR submitted that in the first round of the appeal, the I.T.A.T vide its order dated 27.7.2007 in ITA No.476/Del/2006 has set aside the matter to the file of the Assessing Officer with the direction to dispose of the objections raised by the assessee to the jurisdiction of the Assessing Officer for issuance of notice under sec. 148 of the Act first by passing a speaking order in view of the decision of the Hon'ble Supreme Court in the case of G.K.N. Drive Shaft (India) Ltd. vs. ITO - ....

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.....Ys. 2000-01 and 2001-02) vide order dated 05.08.2014. 6. The Learned AR on the other hand submitted that the Assessing Officer has fully complied with the direction of the ITAT while disposing of the objection raised by the assessee to the jurisdiction of the Assessing Officer for issuance of notice under sec. 148 of the Act. The Learned CIT(Appeals) was thus justified in upholding the same. He reiterated the contents of the orders of the authorities below in this regard. 7. Having gone through the above cited decisions regarding the manner in which the Assessing Officer is to dispose of the objections raised against the jurisdiction of the Assessing Officer for issuance of notice under sec. 148 of the Act, we find that the ratios la....

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....sessment order. We hold that it was not open to the Assessing Officer to decide the objection to notice under sec. 148 by a composite assessment order. The Assessing Officer was required to, first decide the objection of the assessee filed under sec. 148 and serve a copy of the order on assessee. And after giving some reasonable time to the assessee for challenging his order, it was open to him to pass an assessment order. This was not done by the Assessing Officer, therefore, the order on the objection to the notice under sec. 148 and the assessment order passed under the Act deserves to be quashed." 8. In view of the above decisions, we find that the Assessing Officer is mandated to decide the objection to the notice under sec. 148 of ....