TaxTMI 
TaxTMI 
2015 (12) TMI 833
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....AABFJ2836N for the assessment year 2007-2008, 2008-2009, 2009-2010 and 2010-2011 respectively, wherein a notice dated 28.03.2014 under Section 148 of the Income Tax Act, 1961 has been issued and a composite order dated 05.03.2015 has been passed simultaneously rejecting the objections of the petitioner firm and for completing the re-assessment and quash the notice dated 28.03.2014 and order dated 05.03.2015. 3. All the four Writ Petitions have been filed for each assessment year. In the Writ Petition in W.P.(MD).No.7825 of 2015, the petitioner has averred that the petitioner firm filed its return of income for the assessment year 2007-2008 relating to the accounting year ended 31st March,2007 on 29.10.2007 admitting a total income of Rs. 4....
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....ed assessment within the meaning of Section 147 of the Income Tax Act,1961. The petitioner firm duly complied with the notice dated 28.04.2014 stating that the return already filed may be taken as one filed in response to the said notice and by another letter dated 23.01.2015 requested the Assessing Officer to disclose the reasons recorded for initiating action under Section 147 of the Income Tax Act,1961 so as to file objections, if any, to the said notice in accordance with the decision of the Supreme Court in GKN Driveshaft (India) Ltd Vs. ITO, (259 ITR 19 (SC)]. The Assessing Officer by a letter dated 28.01.2015 furnished the reasons stating that there is payment of foreign sales agents commission for which no TDS has been deducted. The....
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....r cannot be reviewed. But, here, there is no tangible material available. In the absence of same, the assessing officer has no power to review the order for the assessment year. (iv)No doubt, power under Section 147 of the Act can be exercised within four years prior to the end of the relevant assessment year. But for the first two Writ Petitions, it is beyond the period of four years. Hence, on the ground of ground, it is liable to be set aside. 5. The learned Standing Counsel appearing for the respondent was put on notice on the above factual aspects of the matter. 6. Heard the submissions made by the learned counsel for the petitioner as well as the learned counsel appearing for the respondent. 7. With regard to the first ground, the....
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....-resident agent to procure export orders and paid commission. That apart, the Commissioner of Income (Appeals) as well as the Tribunal have correctly applied the principle laid down in GE India Technology Cen.(P) Ltd.Case, referred supra, to hold that the assessee is not liable to deduct tax at source when the non-resident agent provides services outside Indian on payment of commission. 12. In the light of the above said decision and the finding rendered by us on the earlier issue that the services rendered by the non-resident agent can at best be called as a service for completion of the export commitment and would not fall within the definition of "fees for technical services", we are of the firm view that Section 9 of the Act is not a....
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....shafts (India) Ltd. Vs. Income Tax Officer and Others, (2003) 259 ITR 19, wherein the Court has held as under:- "However, we clarify that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the noticee is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passin....