2019 (10) TMI 473

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....he petitioner seeks for a direction to the respondent to drop the re-assessment proceedings. The relevant assessment year is 2011-12. 2. The case of the petitioner in short is as follows: It is engaged in the business of distribution of information technology products, telecom products, consumer durables and after sales services. For the assessment year 2011-12, the petitioner filed its return of income on 29.11.2011 and further a revised return on 30.03.2013. The case was selected for scrutiny and notice under section 143(2) dated 12.08.2013 and notice under section 142(1) dated 13.02.2015 were issued. The case was referred to Transfer Pricing Officer(TPO) under section 92CA of the Act for computation of Arms Length Price in relation to ....

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....ark license fee and remanded back the issue to consider Section 14A disallowance. The respondent passed the giving effect order dated 29.03.2017 allowing the above section 14A disallowance. The survey under section 133A of the Act was conducted on 12th and 13th December 2017 in the premises of the petitioner. The respondent sought to reopen the assessment under section 147, by issuing notice under section 148 dated 30.03.2018. The petitioner filed their reply dated 03.05.2018 informing that the time limit for issuing notice for re-assessment would expire on 31.03.2018, whereas the notice under section 148 was issued on 02.04.2018 and the same was received by the petitioner on 03.04.2018. The respondent vide letter dated 19.07.2018 furnish....

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....sons for reopening were considered and thus, the impugned order dated 09.10.2018 rejecting those objections was passed. She further submitted that though it is not stated in so many words, the respondent has stated that the business activities are carried out in India by Redington India P.Ltd. employees on behalf of RDPL, Singapore and that the RDPL has earned profits from India and such conclusion was arrived at based on information and analysis of financial RDPL, Singapore. 6. Heard both sides. Perused the materials placed before this Court. 7. The impugned proceedings is for reopening the assessment for the relevant assessment year 2011-12. A notice dated 30.03.2018 was issued to the petitioner under section 148 of the Income Tax Act, ....

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....ions to issuance of notice and the assessing officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasons have been disclosed in these proceedings, the assessing officer has to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment in respect of the abovesaid five assessment years. 11. Considering the fact that the order dated 09.10.2018 rejecting the objections is not a speaking order, this Court is inclined to remit the matter back to the respondent for passing a speaking order, however, by not expressing any view on the merits of the claim made by the respective parties including the limitation issue. 12. Accordingly, this Writ Petition is allo....