TMI Blog2005 (2) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... file objections to issuance of notice and the assessee is bound to file objections and the AO is bound to dispose of the same by passing a speaking order. Thus, we consider that the additional grounds of appeal filed by the assessee having been admitted deserve to be allowed too. On this score itself, we declare, the facts and circumstances being in favour of the assessee, the initiation of proceedings u/s 148 of the Act and reopening u/s 147 of the Act are invalid, the reasons for reopening of the assessment specifically requested for by the assessee having been not given by the Department. Such reasons alone would form the basis for validity of the assessment but the assessee has been denied the opportunity to argue against validity of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that: The CIT(A) erred in upholding the action of the AO in initiation of proceedings under s. 148 of the Act. He ought to have held that the reopening of the assessment under s. 147 of the Act is on mere change of opinion and that, therefore, the reopening proceedings are invalid. He is not justified in upholding the assessment when the reasons for reopening of the assessment specifically requested for by the assessee were not given and such reasons alone would form the basis for validity of the reopening of the assessment and the assessee has been denied the opportunity to argue against validity of reopening the assessment. 2.3 He further submitted that : The CIT(A) failed to appreciate the fact that the land which was sold in parts w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quisition of lands and plots sold at Bhimavaram furnished in the course of reassessment proceedings and purchase deeds. After doing so, we consider that the stand of the assessee on the preliminary point itself seems to have substantial force, as a result of which no necessity would be there to go into the merits of the appeal for the reasons following. 4.2 In view of the fact that we are convinced with the stand taken by the assessee that additional ground of appeal as stated above being convincing, we do admit the same and proceed to dispose of the additional ground of appeal, which is the preliminary issue in the instant case. 4.3 We may state that in the case of GKN Driveshafts (India) Ltd. vs. ITO Ors. (2003) 179 CTR (SC) 11 : (2003) 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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