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2014 (7) TMI 1351 - HC - Income TaxValidity of reopening of assessment u/s 147 - Non disposal of objection to the reasons filed by an assessee by a speaking order - HELD THAT:- A law laid down by the Supreme Court in the case “GKN Driveshrafts (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT] has not been followed by the Assessing Officer. The aforesaid decision requires the Assessing Officer not only to furnish reasons for the proposed reopening of the assessment but also has to dispose of the objection to the reasons filed by an assessee by a speaking order. We set aside the Assessment order passed in respect of Assessment year 2008-09. We note that the petitioner had, by diverse communications filed their objections to the grounds in support of the impugned notices furnished by the Assessing Officer. We permit the petitioner to file a consolidated objections to both the impugned notices within a period of two weeks from today before the Assessing Officer. The Assessing Officer, thereafter, will dispose of the objections filed by the petitioner in respect of both the impugned notices. Assessing Officer would not commence re-assessment proceedings for a period of four weeks from the date of communication of the order disposing of the objections filed by the petitioner.
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