2016 (2) TMI 469

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....48 of the Income Tax Act(the "Act") seeking to reopen the assessment for the AY 2010-11 and the order dated 3rd February, 2015 passed under Section 143(3) read with Section 147 of the Act for the AY 2010-11. 3. The undisputed facts in the present case are that consequent to the reopening notice dated 14th March, 2014, the Assessing Officer has passed an assessment order dated 3rd February 2015. However, the Assessing Officer has passed the order of reassessment on 3rd February, 2015 for AY 2010-11 without disposing of the Petitioner's objections dated 2nd May 2014 to the reopening notice dated 14th March 2014 in complete defiance of the decision of the Apex Court in the case of GKN Driveshafts (India)Ltd v/s Income Tax Officer and Ot....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....bruary, 2015 is not sustainable in law and should not have been passed in defiance of the decision of the Supreme Court in GKN Driveshafts(India)Ltd (supra). We were also informed that appropriate directions would be issued to ensure that mistake such as these do not occur in the future. However, they sought time to consider the best possible manner this illegality could be remedied / cured and that some mechanism could be put in place to take care in the future, if and when such a situation arises i.e. where even the officers of the Revenue accept that the order is without jurisdiction. Thus, this Petition was adjourned to enable the Commissioner of Income Tax to consider the same and put in place an appropriate mechanism to ensure that th....