Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (4) TMI 530 - ITAT MUMBAIReopening of assessment u/s 147 - assessee’s objection to the reopening is not being disposed of by the Assessing Officer by a speaking order - HELD THAT:- When objections to the reopening are not disposed of by the Assessing Officer by a speaking order the same is fatal to the reassessment and it cannot be treated as procedural mistake which can be cured by remitting the matter to the AO to dispose of the objections. In the present case learned CIT(A) erred in asking the Assessing Officer in remand to dispose of the objection and accordingly has treated the same to be sufficient compliance of Hon'ble Apex Court decision GKN Driveshafts India Ltd. [2002 (11) TMI 7 - SUPREME COURT]. AO has passed assessment order without disposing of the objection of the assessee to reopening by a speaking order, the reassessment is bad in law. We hold that the assessment order passed is not legally sustainable. Accordingly, this issue is decided in favour of the assessee.
|