M/S. Transchem Ltd v. Deputy Commissioner Of Income Tax 8(3) And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. WRIT PETITION NO.942 OF 2010 M/s. Transchem Ltd...Petitioner.Vs.Deputy Commissioner of Income Tax 8(3)and others ..Respondents. ..... Mr. Pankaj R. Toprani for the Petitioner.Ms Suchitra Kamble i/b Mr. Suresh Kumar for the Respondents...... CORAM : DR.D.Y.CHANDRACHUD &J.P.DEVADHAR, JJ. P.C. : 7 June 2010. Objections have been filed by the assessee on 23 April 2010 to the reopening of the assessment by a notice dated 29 March 2010. The objections have not been considered by the Assessing Officer as yet and no order has been passed thereon. In these circumstances, we do not consider it appropriate to entertain the writ petition under Article 226 at this stage on merits. We direct the Assessing Officer to dispose of the objections of the assessee dated 23 April 2010 and to pass a reasoned order thereon. In the event that the objections are rejected, the Assessing Officer shall not pass an order of reassessment for a period of two weeks from the date of the communication of the order in order to enable the assessee to seek recourse to its remedies in law. The Petition is accordingly disposed of. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.)