2021 (4) TMI 1043

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....on. For the aforesaid assessment years, he had filed returns of income. The returns were also accepted. While so, survey under Section 133A of the Income Tax Act was conducted in the premises of M/s Raj Children Hospital, Ambalpuram, Karaikudi on 11.01.2018. Based on the same, notice under Section 148 of the Act was issued on 14.03.2018 for reopening the assessments. The petitioner filed returns of income in response to the above notice declaring the same total income as in the original returns. On 17.04.2018, the petitioner sent a letter to the first respondent seeking the reasons recorded for reopening the assessments. On 08.05.2018, the first respondent furnished the reasons recorded by him for reopening the assessment. Thereafter, on 13....

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....reported in (2009) 308 ITR 249 (Mad) (Commissioner of Income Tax Vs. Qatalys Software Technologies Ltd.,), the Madras High Court had held that the assessing officer is barred from issuing notice for reassessment proceedings, when the time for issuing notice under Section 143(2) of the Act has not expired. 4.Per contra, the learned standing counsel for the respondents placed heavy reliance on the decision of the Hon'ble Supreme Court reported in (1993) 4 SCC 77 (M/s.Pool Chand Bajrang Lal Vs. Income Tax Officer and another) which was followed by a learned Judge of this Court in M/s.South Asia Fm Limited Vs. The Assistant Commissioner of Income Tax, Chennai (W.P.Nos.10257, 44312 and 44313 of 2016) dated 10.10.2018. She contended tha....

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....ify that when a notice under Section 148 of the Income Tax Act is issued, the proper course of action for the notice is to file return and if he so desires, to seek reasons for issuing notices. The assessing office is bound to furnish reasons within a reasonable time. On receipt of reasons, the notice is entitled to file objections 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." 7.In the case on hand, the petitioner had....