H.l. Gokhale, J v. R. Kingaonkar,J

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1958 OF 2006WITHWRIT PETITION NOS.1959, 1960, 1961,1962, 1963, 1964, 1965, 1966, 1967 and 1968 OF 2006 Lotus Investments Limited, Mumbai.vs.G.Y.Wagh, Assistant Commissioner ofIncome-tax, Central Circle 13, Mumbai& ors. Petitioner Respondents Mr.J.D.Mistry with Mr.A.K.Jasani for the petitioner. Mr.Shiv Motaria for the respondents. P.C. CORAM: H.L.GOKHALE &V.R.KINGAONKAR,JJ. DATED: 7th August, 2006 Heard Mr.Mistry in support of all these petitions. Mr.Shiv Motaria appears for the respondents. 2. All these petitions are filed by theassessee-company which is seeking to challenge thenotices issued under Section 148 of the Income Tax Actfor reopening the assessment of this company fordifferent Assessment Years. The petitioner-company hasfiled its objection to these notices and althoughMr.Mistry very much says that the reopening itself isbad and that this Court should go into it, healternatively submits that in view of a judgment of theApex court in GKN Driveshafts (India) Ltd. v.Income-Tax Officer & Ors., 239 ITR 19,the petitioners Assessing Officer shall not finalise the assessment for a period of four weeks thereafter. opportunity in challenging the said decision onobjections. 5. All these petitions stand disposed of accordingly in the above terms. There will be no order as to costs. ( H.L. GOKHALE, J.) ( V. R. KINGAONKAR,J. )