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2015 (12) TMI 110 - AT - Income TaxReopening of assessment - non issue of notice - Held that:- We do not concur with the contentions of Revenue that non-supply of copy of the reasons recorded by the Assessing Officer, for initiation of re-assessment proceedings under Section 147 of the Act, as requested for by the assessee is not fatal to the reassessment proceedings / order. The Hon'ble Apex Court in the case of GKN Drive Shafts (India) Ltd. in [2002 (11) TMI 7 - SUPREME Court ], laid down the law that it is mandatory for supply of the copy of the reasons recorded, if asked for by the assessee; provided the assessee has complied with his duty of filing a return of income in response to the notice under Section 148 of the Act. In the case on hand, the learned CIT (Appeals) in the impugned order at paras 3.4 to 3.10, after examining the records of assessment has rendered a finding that the assessee has complied with the obligations cast upon him by the notice under Section 148 of the Act and has also sought for the reasons recorded by the Assessing Officer for initiating re-assessment proceedings under Section 147 of the Act. The learned CIT (Appeals) observed that the Assessing Officer, however, has failed to furnish the assessee with a copy of the reasons so recorded and this failure on the part of the Assessing Officer, in our view, has prevented the assessee from filing his objections, if any, to the notice issued under Section 148 of the Act. This failure on the part of the Assessing Officer is in violation of the principles of natural justice - Decided in favour of assessee.
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