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2016 (1) TMI 235 - HC - Income TaxReopening of assessment - non disposing of the objections - Held that:- . In view of the decision of the Supreme Court in case of GKN Driveshafts (India) Ltd. vs. Income Tax Officer and ors. Reported in [2002 (11) TMI 7 - SUPREME Court ], upon issuance of notice for reopening, the assessee would have to raise objections upon the reasons being supplied. The Division Bench of this Court in case of Sahkari Khand Udhyog Mandal Ltd. vs. Assistant Commissioner of Income Tax reported in (2014 (6) TMI 149 - GUJARAT HIGH COURT ) has also laid down a time frame within which, the Assessing Officer is expected to dispose of representation, if raised promptly by the assessee. The Assessing Officer, by not disposing of the objections, would deprive the petitioner of an opportunity to challenge the validity of the notice itself and, in the meantime, if the assessment is framed, serious prejudice would be caused to the petitioner. Under the circumstances, the Assessing Officer is directed to dispose of the objections of the petitioner dated 15.01.2015 latest by 31.01.2016. Till then, final order of assessment shall not be passed. - Decided in favour of assessee
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