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2019 (9) TMI 389 - BOMBAY HIGH COURTReopening of assessment beyond the period of six years - directions of the appellate authority to re-open the case - exclusion of certain period u/s 150 - non furnishing of reasons in support of the reopening notice - HELD THAT:- It is a settled position in law that before commencing the reassessment proceedings under Section 147/148 of the Act, the recorded reasons have to be given to the parties and its objections to it is considered and disposed of by an order. This is in accord what the directions of the Apex Court in GKN Driveshaft [2002 (11) TMI 7 - SUPREME COURT] . Therefore, in the normal course an reassessment order without furnishing of reasons in support of the reopening notice would be set aside following the decision of this Court in CIT v/s. VSNL [2011 (7) TMI 715 - BOMBAY HIGH COURT] . Revenue’s stand before us is that in the present facts where the reopening notice is issued as per the specific directions of the Appellate Authority, the requirement of giving the recorded reasons and considering the objections to it may not arise as the reasons for reopening in the present facts are known to the parties by virtue of the Appellate order. Further the Assessing Officer is only carrying out the directions of the Appellate Authority and the contentions of the Revenue would be considered during the course of reassessment proceedings. Therefore, the contention of the Revenue that the decision of the Apex Court in GKN Driveshaft (supra) will not apply in the present facts as also the alleged conduct of the Petitioner would merit dismissal of the Petition.
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