RAKESH KUMAR GANGWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE writ petitions have been filed at the instance of one assessee Rakesh Kumar Goyal in respect of assessment years 1990- 91 to 1994-95. THESE petitions are being decided by this common judgment on the basis of the facts of SBCWP No. 4866/2000 which pertains to assessment year 1988-89. The assessee has challenged the notices/letters dated 20/9/2000, 17/10/2000, 17/10/2000 and 17/10/2000, Annexures 5, 7, 8 and 9 respectively, whereby certain additional information has been asked for by the assessing authority from the petitioner-assessee in reassessment proceedings initiated under Section 148 of the Income Tax Act, 1961 (for short the "act" ).

(3.) IN view of above, provision which has been made applicable even for return furnished during the period from 1/10/1991 to 30/9/2005, no relief can possibly be granted to the petitioner. Therefore, no interference can be made with the impugned order Annexure-7. Learned counsel for the petitioner however at this stage argued that for other objection, he may be permitted to approach the assessing officer. IN this connection, he has relied on the judgment of the Supreme Court in GKN Driveshafts (INdia) Ltd. vs. INcome-Tax Officer and others : 2003 Vol. 259 ITR SC 19. It was argued that Supreme Court in that case held that even if objection is filed by the assessee on receipt of notice for re- assessment proceedings under Section 148 demanding reasons for issuance of such notice, the assessing authority is bound to give reasons on receipt of notice. The learned counsel for the revenue does not have any objection to such a course being adopted by the petitioner.