2009 (3) TMI 64

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.... Assessment Year 2001-2002 against the returned income of Rs.28,79,998/-, the petitioner was assessed on a total income of Rs.93,20,410/- under Section 143(3) of the Income-tax Act, 1961 (the Act) on 15.03.2004. The matter was carried in appeal before Commissioner (Appeals) and thereafter before the Income Tax Appellate Tribunal (the Tribunal). The Tribunal, by order dated 27.02.2006, remanded the matter back to the Assessing Officer to decide the issues afresh after considering the amendments as per Taxation Laws (Amendment) Act, 2005. Accordingly, fresh assessment was framed on 28.09.2006 under Section 143(3) read with Section 254 of the Act on a total income of Rs.28,80,000/-. 3. On 03.03.2008 the respondent authority issued notice un....

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....er. It was also submitted that as held by this Court until such speaking order is passed the respondent obviously cannot undertake reassessment. Learned advocate, therefore, submitted that the petition is required to be allowed on this limited ground. 5. Mr.M.R.Bhatt, learned Senior Standing Counsel appearing on behalf of the respondent authority, was not in a position to distinguish the aforesaid judgments of this High Court. It was submitted that the respondent authority had dealt with the objections in the reassessment order itself and hence, the same should be treated as sufficient compliance with the directions and the procedure laid down by the Apex Court in case of GKN Driveshafts (India) Ltd. Vs. Income-tax Officer, [2003] 259 IT....