TaxTMI 
TaxTMI 
2025 (2) TMI 51
X X X X Extracts X X X X
X X X X Extracts X X X X
..... ORAL JUDGMENT ( PER MS SONAK J) :- 1. Heard learned Counsel for the parties. 2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned Counsel for the parties. 3. This petition challenges the impugned notice dated 30 March 2021 and the impugned order dated 31 March 2022, by which the Petitioner's objections to reopening the assessment were disposed of and the assessment order made. 4. Mr Pardiwalla, the learned Senior Advocate for the Petitioner, submitted that the assessing officer could not have made such a combined order disposing of the Petitioner's objections to reopening the assessment and assessing the Petitioner's income. He submitted that by making such a combined or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ted the reasons for reopening, which were furnished to the Petitioner on 6 July 2021. 9. On 4 August 2021, the Petitioner filed objections to the reopening of the assessment by raising several contentions. Without disposing of such objections, on 22 November 2021, the Petitioner was issued a notice under Section 142(1) directing it to justify its claim under Section 80-IA with supporting documents. 10. On 26 November 2021, the Petitioner requested the Respondents to dispose of the objections filed by the Petitioner before proceeding any further. The Petitioner made a specific reference to the Hon'ble Supreme Court's decision in the case of GKN Driveshaft (India) Limited Vs ITO 259 ITR 19. The Petitioner also referred to this Court's decis....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of want of compliance with jurisdictional parameters. 14. Accordingly, we cannot accept Mr Suresh Kumar's contention about there being no infirmity in the impugned consolidated order dated 31 March 2022, given the above decisions referred to by us rendered in substantially similar facts. 15. The Petitioner has, no doubt, instituted an Appeal after the filling of this Petition. However, Mr Pardiwalla clarified that this was only to protect from the bar of limitation. He further pointed out that the factum of the institution of this Petition and the reason for the institution of the Appeal were clarified in the appeal memo. Further, this factum of the institution of the Appeal after the institution of this Petition was brought on record th....