2019 (8) TMI 23

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....S.P. Singh, Advocates Respondents Through: Ms. Vibhooti Malhotra, Senior Standing Counsel ORDER Dr. S. Muralidhar, J.: 1. On 18th March, 2019, the following order was passed by this Court: "The matter has been listed before this Court as the DB-II has not assembled today. Learned counsel for the petitioner submits that the Assessment for the Year 2011-2012 pertaining ....

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.... Till the next date of hearing, no coercive action shall be taken against the petitioner." 2. The short point involved in the present petition is whether the Assessing Officer (AO) could have proceeded to finalise the reassessment pursuant to notices issued under Section 147/148 of the Income Tax Act, 1961 (the 'Act') without the procedure laid down by the Supreme Court in GKN Driveshafts (....

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....ike to observe that on a routine basis, a large number of writ petitions are filed challenging the reopening of assessments by the Revenue under Sections 147and 148 of the Act and despite numerous judgments on this issue, the same errors are repeated by the concerned Revenue authorities. In this background, the Court would like the Revenue to adhere to the following guidelines in matters of reopen....

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.... but straightaway passed an assessment order, and simultaneously rejected the contention of the Petitioner, this Court observed: "3. We are of the opinion that in view of the language of the Supreme Court in GKN Driveshafts [2003] 259 ITR 19 the Assessing Officer should have rejected the objections, if he thought it appropriate to do so, before passing the final order and not simultaneous....