Punjab-Haryana High Court
B.K. Jagan And Co. vs Commissioner Of Income Tax And Ors. on 1 December, 2003
Equivalent citations: (2004)186CTR(P&H)427
Bench: N.K. Sud, J.S. Narang
JUDGMENT
1. Challenge in this petition is basically to Annexure P-22, which is an order passed on the objections raised by the petitioner against continuation of assessment proceedings in pursuance of notice under Section 143(2), dt. 5th Oct., 2001. Mr. Sawhney, learned senior standing counsel for the respondents, fairly concedes that it is only a letter and not a speaking order disposing of the objections raised by the petitioner in his letter dt. 18th Feb., 2002, (Annexure P-10). He states that before completing the assessment, the AO shall dispose of the objections raised in Annexure A-10 by passing a speaking order thereon.
2. In view of the above, the present writ petition is disposed of in the following terms :
(i) Annexure P-22 dt. 11th March, 2002, is quashed.
(ii) The AO shall pass a speaking order on the application of the petitioner dt. 18th Feb., 2002 (Annexure P-10) within one month from the date of receipt of a certified copy of this order. While passing the order, the AO shall also dispose of the objections, which may be raised by the petitioner qua the validity of notice under Section 148.
(iii) The assessment shall be completed within a period of one month thereafter.
3. It is, however, clarified that if the petitioner is not satisfied with the order passed by the assessing authority on his application dt. 18th Feb., 2002. He shall be at liberty to challenge the same in accordance with law.