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2012 (12) TMI 784 - HC - Income TaxRe opening of assessment - assessee contested against non furnishing of “reasons to believe” - Held that:- The decision in G.K.N Driveshafts (India) Ltd. Versus ITO And Others (2002 (11) TMI 7 - SUPREME COURT) gives an indication that the requirement of passing the speaking order would provide an opportunity to the assessed to challenge the same by way of a writ petition under Article 226. To afford the assessee an opportunity to put before the tax authorities his point of view, before the reassessment proceedings are completed The basic requirement of the statute is the recording of the “reasons to believe” under Section 147. That done, all the Supreme Court opined was about the necessity of providing reasons for issuance of notice under Section 147, if the same are sought, to afford a reasonable and fair opportunity to the assessee to file his objections, and dispose of the same by a speaking order. The rest has been left to the Court's concern to be dealt within individual cases. Having regard to the facts and circumstances, this Court is of the opinion that even the question whether the petitioner was afforded a reasonable opportunity could be gone into by the CIT( Appeals) before whom the appeal is pending. It is open to the assessee to urge the question of denial of opportunity along with the other issues on merits. All rights and contentions are expressly reserved.
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