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2019 (10) TMI 739 - MADRAS HIGH COURTReopening of assessment u/s 147 - eligibility of reasons to believe - HELD THAT:- The descriptive information provided in the reasons, is not so specific with partywise details and therefore, it is rightly contended by the petitioner that they were not in a position to file an effective objection against reopening of the assessment, as they were not in a position to reconcile their records. It is also stated that the petitioner Company is not in a position to download the details of Form 26AS in the absence of access to e-filing/TRACES portal, which document alone would reflect the partywise details. Therefore, it is necessary for the respondent to furnish those details to the assessee so as to enable them to file their objections in effective manner. It is relevant to mention at this juncture that in GKN Driveshafts (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT] has laid down the principles as to how the reopening of the assessment should be proceeded with, commencing from the issuance of notice u/s 148 onwards. It is made clear therein that the reasons for reopening must be provided to the assessee, who in turn is entitled to make his objections on such reasonings and that the AO has to pass a reasoned order on such objections. AO has proceeded to pass an order of assessment directly without following the procedures laid down in GKN Driveshafts (India) Ltd. case. It is true that the Assessing Officer has proceeded to issue 143(2) notice after waiting for sometime from the date of issuance of 148 notice. But at the same time, it is to be seen that before passing the impugned order of assessment, the above two communications of the petitioner were placed at the hands of the Assessing Officer. Therefore, in all fairness, the Assessing Officer should have given the material details, so as to enable the petitioner to file their objections and passed a speaking order on those objections thereafter. No such procedures are followed in this case impugned order of assessment dated 29.11.2018 cannot be sustained. Therefore, this Court is inclined to remit the matter back to the Assessing Officer for furnishing the details sought for by the petitioner through their communication dated 29.08.2018 and 17.09.2018 and thereafter to proceed in accordance with the procedure laid down in GKN Driveshafts (India) Ltd. case.
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