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2016 (12) TMI 1657 - AT - Income TaxValidity of reopening of assessment - non disposing of the assessee’s objections against the notice u/s. 148 - Held that:- CIT(A) by respectfully following the judgment of the Hon’ble Supreme Court i.e. in the case of GKN Driveshafts India Ltd.[2002 (11) TMI 7 - SUPREME Court] has rightly observed that AO has not passed the speaking order in disposing of the assessee’s objections against the notice u/s. 148 of the I.T. Act, before proceeding with the assessment, hence, correctly held that the subsequent assessment order is bad in law and deserving of being quashed. CIT(A) also correctly observed that that reopening of the case has been held to be invalid as the same was done on the basis of the Valuation Report from the Valuation Officer which was obtained by an invalid reference and also since the AO proceeded with the assessment without disposing off the objections raised by the assessee to the notice u/s. 148 of the Act and accordingly he held that both the reopening of the case and the consequent assessment order are bad in law. - Decided in favour of assessee.
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