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2019 (5) TMI 1858 - AT - Income TaxReopening of assessment u/s 147 - AO did not dispose of the objections separately and proceeded and passed the re-assessment order - HELD THAT:- In the present case it is clear that despite the request by the assessee, the Assessing Officer has completed the assessment without furnishing the reasons recorded for reopening of assessment. Furnishing the reasons recorded for reopening of the assessment is mandatory condition as held by the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. Vs. ITO [2002 (11) TMI 7 - SUPREME COURT] wherein the Hon'ble Supreme Court has laid down the principle that recorded reasons must be furnished to the assessee when the assessee sought for the reasons. We also find that Hon’ble Bombay High Court in the case of M/s. Bayer Material Science Pvt. Ltd. [2016 ( ) TMI 179 - BOMBAY HIGH COURT]after considering the decision of Hon’ble Apex Court in the case of GKN Driveshafts [2002 (11) TMI 7 - SUPREME COURT] had held that the reassessment order to be non sustainable when the objections to the re-assessment were not disposed off by the AO. Similar view was taken by the Hon’ble Bombay High Court in the case of KSS Petron Pvt. Ltd. [2016 (10) TMI 1112 - BOMBAY HIGH COURT]. Recording of reasons and furnishing of the same has to be strictly complied with as it is a jurisdictional issue and in the absence of reasons being furnished when sought for would make an order passed on reassessment bad in law. Revenue has not placed any contrary binding decision in its support. Considering the totality of the aforesaid facts and relying on the decisions cited herein above, we hold the reassessment order passed by the AO to be bad in law and thus set it aside.
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