In Reopening AO cannot pass Composite Order for Assessment and for rejection of objection

Brief about the case

In the case of JVS Export vs. The Deputy Commissioner of Income Tax, the assessee, being a partnership firm, received notice u/s 148 on the ground that the AO has reason to believe that the income of the petitioner firm chargeable to tax had escaped assessment within the meaning of Section 147 of the Income Tax Act,1961. On query by the assesee the AO furnished reason for issue of notice being stating that there is payment of foreign sales agents commission for which no TDS has been deducted.

Relying on GKN Driveshaft (India) Ltd Vs. ITO (259 IT19)(SC) the petitioner firm filed an objection. Thereafter, the AO passed a composite order dated 05.03.2015 rejecting the objections and also passed the re-assessment order which consequently resulted in filing the current Writ Petition in Madras High Court.

Facts of the case:

Please become a Premium member. If you are already a Premium member, login here to access the full content.