TaxTMI 
TaxTMI 
2019 (4) TMI 2192
X X X X Extracts X X X X
X X X X Extracts X X X X
....case: - 1. The learned CIT(Appeals) failed to consider the contention of the appellant that the assessment order passed by the learned A.O. u/s 143(3) r.w.s 147 is bad in law and void ab-initio as the same has been passed: - a. Without passing a speaking order rejecting the objections taken by the appellant on the ground that the contention of the appellant that, the assessment order is bad in law and devoid of merits. b. Without appreciating the fact that no opportunity was given for cross examination of the person whose statement was relied up on the ground the appellant had not requested for any cross examination and the same was only an afterthought without appreciating the submissions given by the appellant. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion 147 of the Act is challenged and the same be decided first. The plea of assessee is that where the objections raised by it were not disposed of by speaking order by the Assessing Officer, then the assessment order passed in the case was bad in law and devoid on merits. 5. Briefly, in the facts of the case, the assessee had filed original return of income on 24.02.2012 declaring income of Rs. 7,78,120/-. During the course of search action under section 132 of the Act in the case of Pinnacle group cases, statement of Shri Gajendra D. Pawar was recorded on 11.02.2011, in which he admitted that Rs. 6 lakhs was received in cash from the assessee. The Assessing Officer thus, recorded reasons for reopening the assessment and issued notice u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....against reopening. For this, there is need to look at the dates and events of the case, which are as under:- Sl. No. Events Date 1 Notice u/s 148 22.03.2013 2 Asking of the reasons for reopening by the assessee 28.03.2013 3 Reasons for reopening the assessment supplied by the Assessing Officer 25.02.2014 4 Objections filed by the assessee against reopening of the assessment 25.02.2014 5 Objections decided by the Assessing Officer NIL 6 Service of order deciding objections NIL 7 Assessment order 28.03.2014 9. From the above, it is clear that though the assessee had raised objections against reopening of assessment but the Assessing Officer proceeded to complete assess....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion 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 26-08-2013 4 Objections filed by the assessee against reopening of the assessment 10-09-2013 5 Objections decided by the Assessing Officer 21-03-2014 6 Service of order deciding objections 25-03-2014 7 Assessment order 26-03-2014 8. The Hon'ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. Vs. Income Tax Officer & Ors. (supra) has held that when a notice u/s. 148 of the Act is issued, the proper course of action for the assessee is....
X X X X Extracts X X X X
X X X X Extracts X X X X
....der : "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 defiance of the law laid down by this Court. We do not accept this submission made on behalf of the revenue that the Assessing Officer was not aware of the decision of this Court in Asian Paints (supra). On the contrary, it appears that the order dated 19 December 2013 was passed only to make the entire proceeding pending before this Court redundant and to present the Court with a fait accompli. This is particularly so as the petitioner had on 18 December 2013 informed the Commissi....