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2017 (9) TMI 192 - DELHI HIGH COURTValidity of reopening of assessment - Assessee was not given the copy of the reasons for issuing notice under Section 148 - procedure ought to be followed when the assessment is reopened - Held that:- In the present case the assessments of AYs 1999-2000 onwards for five years are sought to be reopened. The offer to consider the Assessee's objections to the reopening and pass an order thereon is being made after nearly two decades. Having contested these proceedings for all these years the revenue is not fair in making this offer after all these year.Therefore, there was a clear violation of the procedure laid down by the Supreme Court in GKN Driveshaft (India) Limited v. ITO (2002 (11) TMI 7 - SUPREME Court). The Court respectfully concurs with the view of the Bombay High Court and holds that in the present case the ITAT was right in coming to the conclusion that on account of failure by the AO to furnish reasons for reopening of the assessment under Section 148 of the Act to the Assessee, the reassessment proceedings stood vitiated in law.It is mandatory for the AO to supply reasons for reopening the assessment and this has to be done within a reasonable time. See Haryana Acrylic Manufacturing Company v. The Commissioner of Income Tax IV [2008 (11) TMI 2 - DELHI HIGH COURT] - Decided in favour of assessee.
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