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2016 (12) TMI 1556 - HC - Income TaxValidity of reopening of assessment - non disposing objections submitted by the petitioner assessee against the reasons recorded to reopen the assessment - Held that:- In the case of GKN Driveshafts (India) Ltd (2002 (11) TMI 7 - SUPREME Court ) clarify that when a notice under section 148 of the Income-tax Act is issued, the proper course of action for the notice is to file a return and if he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the notice is entitled to file objections to issuance of notice and the Assessing Officer is bound to dispose of the same by passing a speaking order. In the instance case, as the reasons have been disclosed in these proceedings, the Assessing Officer has to dispose of the objections, if filed, by passing a speaking order, before proceeding with the assessment in respect of the abovesaid five assessment years AO may not pass any reassessment order in haste, more particularly either disposing of the objections and/or without giving reasonable and sufficient time to the assessee to challenge the order disposing of the objections and as nothing is on record that as on today either the objections made by the petitioner are disposed of and/or any decision disposing of the objections is communicated to the petitioner, we dispose of the present Special Civil Application at this stage.
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