Rallis India Limited v. Shri. Pankaj Singhania, Dy. Commissioner Of Income Tax, Range 3(3) And Others

SSM IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (St.) NO. 2766 OF 2010 Rallis India Limited .... Petitioner VERSUS Shri. Pankaj Singhania, Dy. Commissioner of Income Tax, Range 3(3) and others.... Respondents Mr. P. J. Pardiwala, Sr. Counsel a/w. Mr. Jitendra Jain i/b. A. K. Jasani for Petitioner.Mr. P. S. Sahadevan for Respondents. CORAM:J. P. DEVDHAR and R. M. SAVANT, J.J.DATED:DECEMBER 13, 2010. P.C.: 1.Heard. This Petition is filed to challenge the Notice U/s. 148 of the Income Tax Act, 1961 relating the assessment year 2005-06. On the receipt of the notice dated 24.03.2010, the Petitioners filed their objections and called upon the Assessing Officer to dispose the objections first in the light of the judgment of the Apex Court in case of GKN Drive Shaft V/s. Union of India reported in 259 ITR page 19. Thereafter the Petitioners addressed SSM 2wpl.2766.10 two letters calling upon the Assessing Officer to dispose of the objections. However, instead of disposing of the objections, the Assessing Officer passed the assessment order on 29th October, 2010 wherein the objections raised by the petitioners are also dealt with. Since the order passed by the Assessing Officer is contrary to the decision laid down by the Apex Court in the case of GKN Drive Shaft V/s. Union of India (Supra), the Counsel for the Revenue seeks to withdraw the order dated 29th October, 2010. Accordingly, the impugned order dated 29th October, 2010 is quashed and set aside. The Assessing Officer is directed to dispose of the objections raised by the Petitioner in accordance with law. If the orders is adverse to the Petitioner, the same shall not be given effect to for four weeks from the date of communication of the said order. The Petition is disposed of. (R. M. SAVANT, J) (J. P. DEVDHAR, J)