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2016 (7) TMI 949 - AT - Income TaxValidity of reopening of assessment - reasons to believe non supplied - Held that:- It is settled law that the Assessing Officer is duty-bound to supply the reasons recorded in the reasonable time period as held by the Hon’ble Supreme Court in the case of GKN Driveshaft (India) limited Vs. CIT (2002 (11) TMI 7 - SUPREME Court ). We find from the submission of the assessee that despite repeated letters requesting to provide copy of the reasons recorded or the grounds on which the assessment was reopened, no such reasons were provided to the assessee. We find that the Ld. DR could not substantiate whether any reasons were provided by the Assessing Officer to the assessee and merely relying on the fact that general practice was followed in Department of supplying reasons, it cannot be presumed that reasons were supplied in the case of the assessee. On the other hand, the assessee has filed evidences in support of its claim of request for providing grounds of initiation of the reassessment proceedings in almost every submission made before the Assessing Officer. Thus non providing reasons for reassessment within a reasonable time the reassessment completed by the Assessing Officer under section 147 of the Act cannot be sustained in the case of the assessee and quashed - Decided in favour of assessee
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