Sak Industries Pvt Ltd vs. DCIT (Delhi High Court)

DATE: (Date of pronouncement)
DATE: February 27, 2012 (Date of publication)

Click here to download the judgement (sak_industries_haste_assessment_order.pdf)

Undesirable haste in passing assessment order results in miscarriage of justice

The AO issued a reopening notice u/s 148 and furnished the recorded reasons pursuant to which the assessee submitted its objections as required by GKN Driveshafts (India) Ltd. vs. ITO 259 ITR 19 (SC). The objections were filed on 26.10.2010 and were disposed of vide order dated 2.11.2010 by a non-speaking and cryptic order. Thereafter, without issuing any further notice or hearing the assessee, the AO passed an assessment order dated 19.11.2010 even though the limitation period for passing the order was to expire on 31.12.2010. The assessee filed a Writ Petition to challenge the reopening. HELD by the High Court quashing the reassessment order and passing strictures:

Though, pursuant to GKN Driveshaft, the AO was under an obligation to dispose of the objections to the reopening by passing a speaking order, he passed a non-speaking and cryptic order. Further, though the AO had sufficient time to complete the assessment, he had proceeded with the reassessment proceedings with undesirable haste and hurry, in violation of principles of natural justice and contrary to the procedure mandated and this had resulted in a miscarriage of justice. The fact that the assessee had an alternative remedy of filing an appeal (which it had exercised) was no bar to the exercise of writ jurisdiction. The concerned CIT should examine the reassessment file in the present case and take appropriate action if warranted. The department to pay cost of Rs.10,000 to the assessee.

See also Doshion Ltd (Guj) where the delay in passing objection orders was disapproved

One comment on “Sak Industries Pvt Ltd vs. DCIT (Delhi High Court)
  1. ashutosh srivastava says:

    Also the department should recover cost from the erring officer.

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