TaxTMI 
TaxTMI 
2018 (5) TMI 2201
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....ppeals) by raising following grounds : 1. "On the facts and the circumstances of the case and in law, the Ld. CIT(A) was not justified in allowing the appeal of the assessee on the ground non-rebuttal of assessee's objection against notice u/s. 148 issued for the purpose of re-assessment and the same has been accepted without any verification. 2. On the facts and the circumstances of the case and in law, the Ld. CIT(A) ignored the fact that the re-assessment order framed u/s. 148 duly complied with the decision of the Hon'ble Apex Court in the case of G K N Driveshafts (India) Ltd. 3. The order of the Ld. CIT(A) may be vacated and the assessing officer be restored. 4. The appellant craves leave to add....
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....essment orders for the respective assessment years, the assessee filed appeal before the Commissioner of Income Tax (Appeals), challenging the validity of reassessment proceedings, as well as addition made on merits. The Commissioner of Income Tax (Appeals) vide impugned order held that the Assessing Officer has not followed the discipline as set out by the Hon'ble Apex Court in the case of GKN Driveshafts (India) Ltd. Vs. Income Tax Officer & Ors. reported as 259 ITR 19. The Commissioner of Income Tax (Appeals) observed that the Assessing Officer has not disposed of the objections filed by the assessee against reopening and held the reopening in both the assessment years as bad in law. Against the findings of Commissioner of Income Tax (Ap....
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....The assessee vide letter dated 30-03-2013 declared the income as was returned by the assessee in response to notice u/s. 153A. The assessee sought reasons for reopening of the assessment vide letter dated 30-03-2013. The same were supplied to the assessee on 26-08-2013. The assessee filed objections against reopening of the assessment on 10-09-2013 and vide order dated 21-03-2014 the Assessing Officer disposed of the objections raised by the assessee against reopening of assessment. The order disposing of the objections was served on the assessee on 25-03-2014. On the very next day i.e. 26-03-2014 the Assessing Officer passed the assessment order. The ld. AR submitted that the Hon'ble Jurisdictional High Court in the case of Asian Paints Lt....
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.... by the Assessing Officer vide order dated 21-03-2014. Therefore, we are of considered view that the reason given by the Commissioner of Income Tax (Appeals) for setting aside the assessment orders is against the facts. 7. However, we observe that the Assessing Officer has violated the time line laid down by the Hon'ble Jurisdictional High Court in passing the assessment orders. Before proceeding further it would be relevant to have glance at the date and events necessary for the adjudication of the issue in hand : Sl. No. Events Date 1 Notice u/s. 148 22-03-2013 2 Asking of the reasons for reopening by the assessee 30-03-2013 3 Reasons for reopening the assessment supplied by the Assessing Officer 26-....
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....e is binding on the Assessing Officer. The violation of the directions of the Hon'ble Jurisdictional High Court would make the assessment order bad in law. The Hon'ble Bombay High Court in the case of Aroni Commercials Ltd. Vs. Deputy Commissioner of Income Tax (supra) in similar circumstances where the assessment order was passed in undue haste has condemned the action of Assessing Officer and has set aside the assessment order. The observations of the Hon'ble High Court are as under : "6. It is axiomatic that the law declared by this Court is binding on all authorities functioning within the jurisdiction of this Court. It is not open to the Assessing Officer to feign ignorance of the law declared by this Court and pass orders in ....