Hon'ble Bala Krishna Narayana,J.
By means of the present petition the petitioner is challenging the notice under Section 148 of the Income Tax Act and the reasons on the basis of which the notice has been given. According to the petitioner, the reasons does not lead to any escaped assessment. Learned counsel for the petitioner submitted that while deciding the objection by the impugned order dated 30.11.2009 the Assessing Authority has not considered the objection and has held that since he has received information from the Investigation Wing Unit, therefore, he is not supposed to examine the information. He, therefore, submitted that the aforesaid observation of the Assessing Authority leads to the conclusion that the notice has been issued mechanically without any satisfaction on the part of the Assessing Authority.
The matter requires consideration.
Sri Sambhu Chopra, appearing on behalf of respondents no. 1 and 2, prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. List the case in the week commencing 22.2.2010. Till the date of listing, the proceeding for the assessment year 2002- 03 under Section 148 of the Income Tax Act, initiated by respondent no. 1, shall remain stayed.
Order Date :- 4.1.2010 PG