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2019 (4) TMI 1472 - ITAT DELHIReassessment proceedings u/s 147 - not passing a speaking order rejecting the objections of the assessee - Jurisdictional power in direction to the learned assessing officer to initiate action u/s 269SS - HELD THAT:- AO despite making repeated requests by the assessee for furnishing the reasons recorded for reopening of the case did not provide the reasons even before 13 months of the 1st request and when assessee files objection to such reasons within 60 days, he does not disposal of them by a speaking order but passes the assessment order u/s 143 (3) read with section 147 of the act. This itself shows that reassessment proceedings requires to be quashed as the neither rejection not acceptance of the objections of the assessee has prejudiced the interest of the assessee to challenge the same before the higher forum. Therefore not passing a speaking order rejecting the objections of the assessee but passing an order u/s 147 of the act making the additions based on reasons recorded has caused serious prejudiced to the interest of the assessee. The reopening of the assessment is quashed. Therefore, the learned CIT – A was not correct in holding that the reopening has been done in accordance with the law by the assessing officer. Accordingly, ground number 1 of the appeal of the assessee is allowed.
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