Absolute Rule of minimum four weeks gap between rejection of objection & further proceedings of section 147: Bombay HC

Absolute Rule of minimum four weeks gap  between rejection of objection and further proceedings of section 147 , Bombay HC(296 ITR 90)

Bombay High Court

Asian Paints Ltd. vs Deputy Commissioner Of … on 29 January, 2007

Equivalent citations: 2008 296 ITR 90 Bom

Bench: S Radhakrishnan, J Devadhar

JUDGMENT

1. Heard learned Counsel for the petitioner and the respondent. Rule, returnable forthwith. By consent all the petitions are taken up for final hearing.

2. In all the above petitions, it is a case regarding reopening of the assessment order under Section 148 of the Income-tax Act. In all the above cases, the petitioners have filed their respective objections on January 15, 2007, with regard to reopening of the assessment.

3. The learned senior Counsel for the petitioner pointed out that in some of the cases as soon as the objections were rejected by the concerned Income-tax Officer, even the assessment order has been passed within a very short time whereby the assessee is left without any remedy to challenge such an order of rejection.

4. Hence we make it clear that if the Assessing Officer does not accept the objections so filed, he shall not proceed further in the matter within a period of four weeks from the date of receipt of service of the said order on objections, on the assessee.

5. Accordingly, rule is made absolute.

6. We also direct that the Income-tax Officer concerned shall follow the above procedure strictly in all such cases of reopening of assessment. All the petitions stand disposed of accordingly.