2003 (3) TMI 9

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....n was processed under section 143(1)(a) of the Income-tax Act on November 17, 1994. After the case was taken up for scrutiny, proceedings were initiated by issuance of a notice under section 143(2) of the Act. The assessment was completed under section 143(3) of the Act by an order dated February 8,1996. Before the assessment was completed, certain particulars were called for by the assessing authority from the petitioner vide notice dated November 4, 1996. For the disposal of the writ petition, the other further details are not necessary. While the matter stood at that stage in giving replies, a notice dated May 31, 2001, was issued to the petitioner under section 148 of the Act stating that the Joint Commissioner of Income-tax has reason....

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....dated May 31, 2001. Mr. V. Ramachandran, learned senior counsel appearing for M/s. Anita Sumanth, learned counsel for the petitioner, submitted that in the absence of a proper opportunity given to the petitioner to submit its objections for want of the communication of reasons recorded by the assessing authority, in the event the assessment under section 147 of the Act is made, the petitioner would be deprived of his entitlement to an opportunity under section 148 of the Act. In support of the said submission, learned senior counsel would rely upon the recent judgment of the apex court reported in GKN Driveshafts (India) Ltd. v. ITO [2003] 259 ITR 19. Learned senior counsel would draw my attention to the following paragraph of the judgment....