High Court Of Bombay
Asian Paints Ltd. vs. DCIT & Anr.
Section 147, 148
Dr. S. Radhakrishnan & J.P. Devadhar, JJ.
Writ Petn. No. 91 of 2007
29th January, 2007
Counsel Appeared :
S.E. Dastur with R. Murlidhar & A.K. Jasani, for the Petitioners : B.M. Chatterji with Ms. P.P. Bhosle, for the Respondents : R.K. Jalali, Dy. CIT present
JUDGMENT
By the court :
Heard learned counsel for the petitioners and the respondents. Rule, returnable forthwith. By consent all the petitions are taken up for final hearing. In all the above petitions, it is a case regarding reopening of the assessment order under s. 148 of the IT Act. In all the above cases, the petitioners have filed their respective objections on 15th Jan., 2007, with regard to reopening of assessment. The learned senior counsel for the petitioners pointed out that in some of the cases as soon as the objections were rejected by the concerned ITO, even the assessment order has been passed within a very short time whereby the assessees are left without any remedy to challenge such an order of rejection. Hence we make it clear that if the AO 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. Accordingly, rule is made absolute. We also direct that the ITO concerned shall follow the above procedure strictly in all such cases of reopening of assessment. All the petitions stand disposed of accordingly.
[Citation : 296 ITR 90]
