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2019 (5) TMI 556 - KARNATAKA HIGH COURTReopening of assessment u/s 147 - reasons recorded for reopening the assessment related to the Assessment Year in question on 20.12.2018 - HELD THAT:- AO ought to have provided some breathing time to the petitioner to furnish the objections and then to have proceeded to conclude the re-assessment. On the day of furnishing the reasons recorded, the re-assessment order is said to have been passed. The copy of the re-assessment order made available before the court at Annexure-F to the writ petition does not bear the date of order. This court is of the considered view that the respondent AO has proceeded to conclude the re-assessment in a hasty manner. The preliminary objections filed by the petitioner on 27.12.2018 remains unconsidered as such, the re-assessment order cannot be held to be justifiable. Accordingly, the impugned re-assessment order at Annexure-F and the demand notice at Annexure-G are set-aside. The proceedings are restored to the file of the respondent-AO to redo the assessment considering the preliminary objections filed by the petitioner to the reasons recorded by the respondent as per Annexure-E to the writ petition dated 27.12.2018 and conclude the assessment thereafter in accordance with law in an expedite manner preferably within a period of eight weeks from the date of receipt of the certified copy of the order.
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