Law:

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Section 147 of the Income-tax Act, 1961 - Income escaping assessment - General - Assessment year 2004-05 Where Assessing Officer did not deal with objections filed by assessee to reopening of assessment, in view of decision of Supreme Court in GKN Driveshafts (India) Ltd. v. ITO[2003] 259 ITR 19, matter was to be remitted to Assessing Officer to pass fresh order on objections raised by assessee to proposed reassessment [In favour of assessee] Where the Assessing Officer did not deal with the objections filed by the assessee to reopening of assessment, in view of the decision of Supreme Court in GKN Driveshafts (India) Ltd. v. ITO (2003) 179 CTR (SC) 11/[2003] 259 ITR 19, matter was to be remitted to the Assessing Officer to pass fresh order on objections raised by the assessee to the proposed reassessment after furnishing an opportunity of being heard to the assessee and to serve a copy of the said order upon the assessee. R. Murlidharan and Atul K. Jasani for the Petitioner.B.M.Chatterji and Suresh Kumar for the Respondent. JUDGMENT By the Court-Rule, returnable forthwith. By consent of the learned counsel and at their request the matter is taken up for hearing and final disposal. 2. In the present ease the challenge under Art. 226 of the Constitution is to the reopening of an assessment for asst. yr. 2004-05. The notice for reopening the assessment was issued on 16th March, 2009 and the reasons in support of the notice are dt. 18th June, 2009. On 18th Dec, 2009, the assessee lodged its objections to the reopening of the assessment stating that a copy of the letter dt. 18th June, 2009 had been handed over only on 16th Dec, 2009. An order of assessment was passed on 23rd Dec, 2009. The grievance of the assessee is that the AO has not complied with the directions of the Supreme Court in GKN Driveshafts ( India) Ltd. v. ITO [2003] 179 CTR (SC) 11 : [2003] 259 ITR 19 (SC). 3. During the course of the hearing of these proceedings, counsel appearing on behalf of the Revenue has fairly stated on instructions of the AO who is present in the Court that the directions contained in the judgment of the Supreme Court in GKN Driveshafts ( India) Ltd. (supra) were not…

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