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2018 (9) TMI 1871 - ITAT SURATReopening of assessment u/s 147 - assessment time bared - non disposing the objections of assessee - HELD THAT:- The perusal of the reasons recorded for re-opening shows that the AO has not mentioned that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment. Even the assessment order also makes no mention of such failure on the part of the assessment. It is also noticed that assessee has filed objection vide letter dated 21.01.2013, but these objection has not been disposed by AO at all except making mention thereon in the assessment order. The AO was required to dispose off objection, laid down by Hon'ble Supreme Court in the case of G.K.N.Drive Shafts Ltd. [2002 (11) TMI 7 - SUPREME COURT] and Garden Finance Ltd. [2003 (10) TMI 17 - GUJARAT HIGH COURT] AO is bound to dispose off objection filed by the assessee. In absence of any averment that the assessments are sought to be re-opened by reason of failure on the part of assessee to disclose fully and truly all material facts necessary for assessment for the relevant assessment year, the very initiation of proceedings u/s.147 by issuance of notice u/s.148 after expiry of four years from the end of relevant assessment year is bad and cannot be sustained. We are of the considered opinion that the re-opening amounts to change of opinion and there was no failure on the part of assessee to disclose all necessary for making assessment, hence, the same is bad in law, and therefore quashed. Accordingly, this legal ground of the assessee is allowed.
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