LAWS(P&H)-2003-2-14

SARASWATI INDUSTRIAL SYNDICATE LTD Vs. UNION OF INDIA

Decided On February 10, 2003
SARASWATI INDUSTRIAL SYNDICATE LTD. Appellant
V/S
Union of India And Ors. Respondents

JUDGEMENT

(1.) WHAT is challenged in this writ petition filed under Art. 226 of the Constitution is the notice dt. 13th March, 2000, (Annex. P-5) issued by the AO under ss. 147/148 of the IT Act, 1961. In view of the law laid down by the apex Court in GKN Driveshafts (India) Ltd. vs. ITO (2003) 179 CTR (SC) 11 : (2003) 259 ITR 19 (SC), the petitioner is required to file its objections before the AO who will decide the same by passing a speaking order before proceeding further with the assessment. The writ petition against the notice is not maintainable. Consequently the same is dismissed.