TaxTMI 
TaxTMI 
2022 (8) TMI 748
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....TR 19 while passing the impugned assessment order. It appears from record that the aforesaid impugned assessment order has been passed on the basis of a notice dated 31st March, 2021 under Section 148 of the Income Tax Act, 1961. It appears from record that against the aforesaid notice under Section 148 of the Act, petitioner had filed an objection to the same on 8th July, 2021 after receiving the recorded reason. It is the case of the petitioner that without considering and disposing his aforesaid objection, the impugned assessment order has been passed while it is binding upon the assessing officer in view of the aforesaid decision of the Hon'ble Supreme Court in the case of GKN Driveshaft (supra) to first dispose of the objection of an a....
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....sel that it would be appropriate for this court to set aside the order of reassessment dated December 23, 2009 and the noting by the Assessing Officer dated December 21, 2009 disposing of the objections and to remit the proceedings back to the Assessing Officer. Counsel appearing on behalf of the assessee has no objection thereto." Mr. Mazumder also relies on this proposition of law on a decision of the Hon'ble Madras High Court in the case of M/s. Jayanthi Natarajan Vs. Assistant Commissioner of Income Tax reported in 2017 (9) TM 1042 Madras High Court particularly on paragraphs 15 and 17 of the said judgment which are quoted hereunder:- "15. - In some what similar circumstances, the Division Bench of the Bombay High Court in KSS Petron....
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....f binding character and is a source of law and to itself, which will bind all authorities. GKN Driveshafts (India) Ltd. (supra), lays down a law and failure to comply would render the assessment order as without jurisdiction (Nand Kishore Vs. State of Punjab reported in (1995) 6 SCC 614 and Nair Services Society Vs. State of Kerala reported in (2007) 4 SCC 1)." Mr. Bhattacharji, learned advocate appearing for the respondent income tax authority, by the order of this Court dated 15th July, 2022, was asked to produce the record to establish as to whether the impugned assessment order and the aforesaid objection of the petitioner against notice under Section 148 of the Act was considered and disposed of or not to which Mr. Bhattacharjee could....