Section 147, Section 148

Madras H.C : Whether the assessment order passed by the Income Tax Officer under Section 143(3) of Income Tax Act, invoking Section 147 of the Income Tax Act, (hereinafter referred to as “the I.T. Act”) after issuing notice under Section 148 of the Act is bad in law and is void ab initio on account of the failure to follow the judgment of the Hon’ble Supreme Court in GKN Driveshafts (India) Ltd. vs. Income Tax Officer, (2002) 125 Taxman 963 (SC) to the effect that on receipt of objection given by the assessee, to the notice under Section 148, the Assessing Officer is bound to dispose of the objections by passing a speaking order, is the core issue raised in this intra court appeal for our adjudication

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High Court Of Madras Home Finders Housing Ltd. vs. ITO Section 147, 148 K. K. Sasidharan & R. Subramanian, JJ.

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