Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (8) TMI 1991 - ITAT MUMBAIValidity of reopening of assessment u/s 147 - AO of not providing inspection of documents held/relied upon for reopening AND also failed to address the objections raised by the assessee - HELD THAT:- Assessee has filed objections to the initiation of reassessment proceedings u/s 148 which were not disposed of by the AO before framing the assessment u/s143(3) read with section 147 - disposal of objections is of paramount importance and goes to the root of the assessment. The non disposal of objections by the AO is a serious defect which is incurable and the assessment will have go in that event. In the case of GKN Driveshafts (India) Ltd.[2002 (11) TMI 7 - SUPREME COURT] has held that the AO has to dispose of the objections if filed by the assessee by way of speaking order before proceeding with the assessment. However, in the present case there has been no disposal of objections filed by the assessee. The case of the assessee is further fortified by the decision in the case of Bayer Material Science Pvt. Ltd. vs. DCIT [2016 (3) TMI 179 - BOMBAY HIGH COURT] as held that passing a draft assessment order without having disposal of objections filed by the assessee to the reasons recorded in support of the notice the draft assessment order was not sustainable being without jurisdiction. - Decided in favour of assessee.
|