SAHIB RAM GIRI Vs. INCOME-TAX OFFICER

JUDGEMENT

(1.) THIS writ petition is directed against the reassess - 1 ment proceedings initiated against the petitioner for the assessment year 1994 -95, vide notice dated May 31, 2000 (annexure 2), issued by the Assessing Officer in exercise of the power conferred by Sections 147,148 of the Income -tax Act, 1961 (in short 'the Act of 1961' hereinafter).

(2.) THE relevant facts in a nutshell are that on April 2, 1996, the petitioner - 2 assessee filed his return of income for the assessment year 1994 -95 declaring income of Rs. 46,530. It appears that certain tax evasion petitions were received against the petitioner -assessee, therefore, enquiries were got conducted by the Assessing Officer and on the basis of the information gathered during the enquiries, for the reasons recorded in writing, the Assessing Officer, after seeking approval of a competent authority, initiated reassessment proceedings under Section 147 of the Act of 1961 against the petitioner -assessee, by issuing notice under Section 148 of the Act of 1961. In pursuance of the notice, the assessee filed return on June 12, 2000, declaring the same income, i.e., Rs. 46,530 as returned on April 2, 1996.

(3.) THE learned Income -tax Appellate Tribunal opined that the Assessing Officer is under an obligation to supply the reasons to the assessee for initiating the reassessment proceedings and is required to dispose of the objections against the reasons by passing a speaking order as to how and why the objections are not acceptable. Accordingly, the learned Income -tax Appellate Tribunal disposed of the appeals preferred by the petitioner -assessee with the following directions: Therefore, we set aside the assessment orders framed under Section 147/143(3) of the Act for all the assessment years under consideration and send them back to the file of the Assessing Officer with a direction to frame the assessment orders, de novo, after supplying copies of reasons to the assessee and after seeking objections against the same. The Assessing Officer shall also decide the assessee's objections by passing a speaking order and, thereafter, if it so required, he may proceed to frame the reassessment orders as per law. The Assessing Officer should not repeat the same assessment orders and has to pass reasons orders.