Rabo India Finance Ltd. v. Deputy Commissioner of IncomeTax And Others

Case Laws Analysis
Followed IOT Infrastructure & Energy Services Ltd. v. Asstt CIT 2010 TaxPub(DT) 1611 (Bom-HC)
Followed Gkn Driveshafts (India) Ltd. v. Income Tax Officer & Ors. 2003 TaxPub(DT) 0734 (SC)

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The Tax Publishers2012 TaxPub(DT) 2399 (Bom-HC) : (2012) 346 ITR 0081 INCOME TAX ACT, 1961 Reassessment - Validity of notice under section148 -Objections of assessee not disposed off before reassessment -A.O passed an order of reassessment without hearing objections of assessee and without passing a seperate order on those objections. Held : Assessing officer was not justified .He had acted arbitrarily and in a manner clearly contrary to law in passing an order therefore his order was liable to set aside. Income Tax Act, 1961 Section 148 *Case law Analysis :* GKN Driveshafts (India) Ltd. v. ITO 2003 TaxPub(DT) 734 (SC): (2003) 259 ITR 19 (SC) and IOT Infrastructure & Energy Services Ltd. v. Asstt. CIT 2010 TaxPub(DT) 1611 (Bom-HC) : (2010) 329 ITR 547 (Bom.). SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2012 TaxPub(DT) 2399 (Bom-HC) : (2012) 346 ITR 0081

INCOME TAX ACT, 1961

Reassessment - Validity of notice under section148 -Objections of assessee not disposed off before reassessment -A.O passed an order of reassessment without hearing objections of assessee and without passing a seperate order on those objections. Held : Assessing officer was not justified .He had acted arbitrarily and in a manner clearly contrary to law in passing an order therefore his order was liable to set aside.

Income Tax Act, 1961 Section 148

Case law Analysis : GKN Driveshafts (India) Ltd. v. ITO 2003 TaxPub(DT) 734 (SC): (2003) 259 ITR 19 (SC) and IOT Infrastructure & Energy Services Ltd. v. Asstt. CIT 2010 TaxPub(DT) 1611 (Bom-HC) : (2010) 329 ITR 547 (Bom.).