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2021 (7) TMI 75 - ITAT MUMBAIValidity of reopening of assessment u/s 147 - AO non disposing objection against reopening orders - HELD THAT:- We find that in these cases the assessing officer has in his assessment order noted that assessee did not file the objection to the reopening. However learned CIT(A) in his order has noted this aspect. He has also reproduced one of the letters by the assessee to the assessing officer wherein objections to reopening were duly raised. CIT(A) is of the opinion that honourable Supreme Court decision in GKN Driveshaft [2002 (11) TMI 7 - SUPREME COURT] does not hold that the reassessment will be bad if objection are not disposed of. In this regard, on this premise he has rejected the assessee’s contention that assessment is bad in as much as objections to reopening have not been disposed off - View of the learned CIT appeals is not in accordance with honourable Bombay High Court decision in the case of Fomento Resorts & Hotels Ltd. [2019 (9) TMI 1284 - BOMBAY HIGH COURT] dealt with in the above said order of the ITAT. It is settled law the order of honourable jurisdictional High Court is binding upon the subordinate courts and tribunals. We find that learned CIT appeals has erred not following the binding order of honourable jurisdictional High Court and instead of referring to a Delhi High Court decision in this regard. Assessing Officer is wrong in observing that assessee has not filed objection to reopening. The objection to reopening was intimated to Assessing Officer and the objections have not been disposed off. This, as per the ratio of Hon'ble Jurisdictional High Court decision as referred above is fatal to the assessment. Hence, we set aside the orders of authorities below and decide the issue in favour of assessee.
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