AGK AGK AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2340 OF 2008 M/s.Premier Limited (formerly known as Premier Automobiles Ltd.) ..Petitioner V/s. Dy. Commissioner of Income Tax & Another ..Respondents Mr.K. Gopal with Mr.Jitendra Singh for the petitioner. Mr.Vimal Gupta for the respondents. CORAM : D.K. DESHMUKH & J.P. DEVADHAR, JJ. DATED : 22ND OCTOBER, 2008. P.C. : 1. Heard. Rule. Rule made returnable forthwith. By consent of both the parties, the petition is taken up for final hearing. 2. In this petition, the petitioners have challenged the validity of the notice dated 31-12-2007 issued under Section 148 of the Income Tax Act, 1961 and also the notices issued under Section 142(1) and 143(2) of the Income Tax Act. 3. Admittedly, on receiving the reasons for reopening the assessment, the petitioner had filed objections opposing reopening of the assessment. Without considering the said objections raised by the petitioner, the as sessing officer purported to finalise the assessment by issuing notices under Section 142(1) and Section 143(2) of the Act for finalizing the assessment order. Hence, this petition. 4. The Apex Court in the case of GKN Driveshafts (India) Limited V/s. ITO reported in (2003) 259 ITR 83 has held that where the assessee objects to the reopening of the assessment, the assessing officer shall first dispose of the objections raised by the assessee and then only proceed to pass the assessment order. 5. In the present case, admittedly the petitioner has filed objections way back in February 2008, however till date the assessing officer has not dealt with the objections raised by the petitioner. 6. In these circumstances, the notices dated 17th and 18th July, 2008 issued by the assessing officer under section 142(1) and 143(2) of the Act for finalisation of the assessment are quashed and set aside. The assessing officer is directed to consider the objections filed by the petitioner and pass appropriate orders therein. If the order is adverse to the petitioner, then the assessing officer shall not proceed to finalize the assessment for a period of four weeks from the date of communication of the order rejecting the objections raised by the petitioner. 7. Rule is made absolute in the above terms with no order as to costs. D.K. DESHMUKH, J. J.P. DEVADHAR, J.