Indivest Pte Ltd. Singapore v. Assistant Director Of Income-Tax

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION NO. 2154 OF 2011 Indivest Pte Ltd. Singapore. .. Petitioner. versus Assistant Director of Income-tax (International Taxation)-3(1) Mumbai & Anr. ..... .. Respondents. Mr. Porus Kaka, Sr. Adv. with Mr. Manish Kanth and Mr. Atul K. Jasani for the Petitioner. Mr. Sureshkumar for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 01 DECEMBER 2011. P.C. : In response to a notice issued to the Petitioner under Section 148 of the Income Tax Act, 1961, on 16 March 2011 and the reasons disclosed under a letter dated 6 April 2011, the Petitioner submitted objections for reopening of the assessment on 14 June 2011. In terms of the decisiion of the Supreme Court in GKN Driveshafts (India) Ltd., vs. Income Tax Officer, [1] we direct the Assessing Officer to dispose of the objections by a reasoned order within a period of four weeks from today. Until then, no steps shall be taken in pursuance of the notice dated 16 March 2011 and in the event that an adverse order is passed, for a further period of four weeks thereafter. Since the Court is informed that limitation for completing the assessment is to expire on 31 December 2011 and in order to protect the Revenue against the bar of limitation, we direct by way of abundant caution that the assessment proceedings shall remain stayed until a final decision is taken by the Assessing Officer and four weeks thereafter. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)