Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (11) TMI 2005 - AT - Income TaxReopening of assessment u/s 147 - assessee objecting to the reopening on the reasons recorded u/s. 148(2) - HELD THAT:- Assessee’s objection after going through the reasons recorded for reopening, was not done at all by the AO before passing the reassessment order which is per se against the binding direction in GKN Driveshaft (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT] wherein their Lordships held that on receipt of reasons, the noticee is entitled to file objection to issuance of the notice and the AO is bound to dispose of the same by passing a speaking order. In the instant case, a perusal of the order sheet of AO does not disclose that AO had disposed of the objection raised by the assessee by passing a speaking order. We note that the assessee vide letter had in fact objected to the reopening of filing six pages letter and this fact is corroborated by the AO himself in the order sheet maintained by him and we note that the AO has not passed any speaking order to dispose of the objection raised by the assessee. As per Article 141 of the Constitution of India, the Hon’ble Supreme Court’s direction is bound to be acted upon by the courts and other authorities. The AO has not cared to dispose of the objections raised by the assessee as directed by the Hon’ble Supreme Court. As stated above, from the order sheet entries it is very clear that the AO did not dispose of the objection of the assessee as directed in GKN Driveshaft (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT] which makes the reassessment order bad in the eyes of law and is non-est in the eyes of law for flouting the order of the Hon’ble Supreme Court. Appeal of assessee is allowed.
|