Law:

Section:

Section 148 of the Income-tax Act, 1961 - Income escaping assessment - Issue of notice for (Disposal of objections) - Assessment years 2007-08 and 2009-10 - Assessments of petitioner assessee were completed under section 143(1) and 143(3) - Thereafter notices under section 148 were issued stating to file returns of income within 30 days from service of notices - Assessee filed objections - Whether Assessing Officer was bound to decide objections on merits and orders, disposing of objections on ground that assessee had not filed returns of income within a period of 30 days from service of notices, were to be quashed and set aside and matter was to be remanded to Assessing Officer to consider, decide and dispose of objections on its own merits - Held, yes [Paras 8.5 and 9] [In favour of assessee/Matter remanded back] FACTS â–  For the assessment years 2007-08 and 2009-10, the assessments of the petitioner assessee were completed under section 143(1) and 143(3) respectively. â–  Thereafter notices under sections 148 were issued to reopen the assessments stating that he had reasons to believe that income had escaped assessment and asking the assessee to file return of income within 30 days from the service of notices. â–  The assessee raised objections against the reopening of the assessments and the Assessing Officer had disposed of the said objections without dealing anything on merits and solely on the ground that the assessee had not filed returns of income within a period of 30 days from the receipt of the notice under section 148. â–  On writ: HELD â–  Considering the decision of the Supreme Court in the case of GKN Driveshafts (India) Ltd. v.ITO [2003] 259 ITR 19/[2002] 125 Taxman 963 and the decision of the Full Bench of this Court in the case of Garden Finance Ltd. v. Asstt. CIT [2004] 268 ITR 48/137 Taxman 49 and the decision in the case of Arvind Mills Ltd. v. Asstt. CWT [2004] 270 ITR 469/141 Taxman 210 (Guj.) and the decision of the Division Bench in the case of Sahakari Khand Udyog Mandal Ltd.v. Asstt. CIT [2015] 370 ITR 107/[2014] 46 taxmann.com 69/225 Taxman 51 (Mag.) (Guj.) impugned orders disposing of the objections…