1970-VIL-327-KAR-DT

KARNATAKA HIGH COURT

Writ Petition No. 5583 of 2019 (T-IT)

Date: 01.01.1970

RAJATHA B ESHWAR

Vs

THE INCOME TAX OFFICER, WARD-4 (2) (2) , BENGALRURU

JUDGMENT

Petitioner-Assessee has presented this writ petition for laying a challenge to the Assessment Order dated 29.12.2018, a copy whereof is at Annexure-B1 covering the Assessment Year 2013-14 made by the respondent under Section 143(3) r/w 147 of the Income Tax Act, 1961. Petitioner grieves that his Objections preceding the Assessment Order ought to have been considered by the respondent and this having not been done, there is a gross violation of principles of natural justice.

2. On request, learned Senior Panel Counsel Sri. K.V. Aravind having accepted notice for the respondent, opposes the writ petition inter alia contending that the petitioner has an alternate and equally efficacious remedy of appeal and therefore, he should be relegated to the same.

3. Having heard the learned counsel for the parties and having perused the petition papers, this Court is of a considered opinion that reprieve needs to be granted to the petitioner in view of settled position of law vide decision of the Apex Court in GKN DRIVESHAFTS (INDIA) LTD. V. INCOME-TAX OFFICER, (2003) 259 ITR 19 (SC) which states as under:

“... it was clarified that when a notice under section 148 is issued, the proper course of action for the noticee is to file return and if he so desires, to seek reasons for issuing notice. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instant case, as the reasonshad been disclosed in the proceedings, the Assessing Officer had to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment.”

In the above circumstances, this writ petition succeeds; a Writ of Certiorari issues quashing the impugned Assessment Order & the consequential Demand Notice; matter is remitted to the respondent for consideration afresh from the stage of treating the Objections filed by the petitioner.

Time for compliance is three months.

All contentions of the parties are kept open.

No costs.

 

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