TaxTMI 
TaxTMI 
2016 (2) TMI 469
X X X X Extracts X X X X
X X X X Extracts X X X X
....pondent : Mr. Anil Singh, ASG a/w Mr. Suresh Kumar ORDER P. C. Rule. Respondents waive service. By consent of parties, Rule is made returnable forthwith and heard finally. 2. This Petition under Article 226 of the Constitution of India challenges a notice dated 14th March, 2014 issued under Section 148 of the Income Tax Act(the "Act") seeking to reopen the assessment for the AY 2010-11 and the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ice under section 147 of the Act, the reasons recorded for reopening the assessment should be forwarded to the Assessee and if the Assessee objects to the same, he should first dispose of its objections to the reopening notice. 4. When the Petition reached effective hearing for the first time on 23rd July 2015 for admission, the Revenue accepted the position that the order dated 3rd February 2015....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ioner of Income Tax along with the Commissioner of Income Tax(Judicial) attended Court and conceded the position that the impugned order dated 5th February, 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rd February, 2015 passed by the Assessing Officer. It further directed the Assessing Officer to commence the reassessment proceedings afresh after disposal of the Petitioner's objections. However, we are taken aback as we were given to understand that the Commissioner of Income Tax will consider and a mechanism would be put in place for future while curing this injustice. It is very pertinent ....