2021 (12) TMI 604

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....mpugned notice' for the sake of convenience and clarity] has been called in question. To be noted assessment year 2018-19 shall hereinafter be referred to as 'said AY' for the sake of convenience and clarity. 2.Owing to the narrow compass on which the captioned main writ petition turns, with the consent of Mr.A.S.Sriraman, learned Counsel on record on behalf of writ petitioner and Mr.N.Dilip Kumar, learned Senior Standing Counsel assisted by Ms.P.Ajitha, who accepted notice on behalf of both the respondents, captioned main writ petition was taken up and heard out. 3.Notwithstanding several grounds that have been raised in the writ affidavit and very many averments that have been raised in the writ affidavit, besides case laws ....

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....tice was filed by the writ petitioner on 22.01.2021; that thereafter on 30.09.2021 a notice under Section 143(2) of the IT Act was issued by the assessing officer giving the reasons that reopening [on writ petitioner's request]; that the writ petitioner on 15.10.2021 filed objections to the reasons for reopening; that on 01.11.2021 further notice was issued by the assessing officer under Section 143(2) r/w. Section 129 of IT Act for proceeding with reassessment; that thereafter the captioned writ petition has been filed assailing the impugned notice ie., notice dated 19.01.2021 under Section 148 of IT Act. 5.As already alluded to supra, learned Counsel for writ petitioner notwithstanding very many averments and several grounds raised i....

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....e notice is to file return and if he so desires, to seek reasons for issuing notices. The assessing officer 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 office 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.' [Extracted and reproduced as such] 8.A careful perusal of paragraph No.5 supra read in conjunction with the factual matrix in instant case ie., i....