2019 (9) TMI 389

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....etitioner. Mr. Suresh Kumar for the Respondents. ORDER P.C. :- Heard. Rule. 2. The Petitioner has challenged the two orders dated 31 March 2019 passed by the Assessing Officer under Section 143(3) of the Income Tax Act, 1961 (the Act) relating to Assessment Years 2007-08 and 2008-09. The impugned orders emanated from two notices dated 11 March 2019 seeking re-opening of the Assessme....

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....e order dated 27 March 2018. The Appellate order in terms directed the Petitioner to reopen the assessment of the Petitioner for Assessment Years 2007-08 and 2008-09 for the reason stated therein. The reassessment in such cases has to be completed within a period of 12 months from the end of the month in which the Appellate order is passed in terms of Section 153(6) of the Act. Therefore, in the a....

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....in any case the conduct of the Petitioner will dis-entitle the Petitioner to extraordinary writ remedy. 5. It is a settled position in law that before commencing the reassessment proceedings under Section 147/148 of the Act, the recorded reasons have to be given to the parties and its objections to it is considered and disposed of by an order. This is in accord what the directions of the Apex C....

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..... Therefore, the contention of the Revenue that the decision of the Apex Court in GKN Driveshaft (supra) will not apply in the present facts as also the alleged conduct of the Petitioner would merit dismissal of the Petition. These issues raised by the Revenue would require detailed consideration at the final hearing of this Petition, in the peculiar facts of this case. One more issue which would ....