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2017 (2) TMI 648 - HC - Income TaxValidity of reopening of assessment - objections by the petitioner against the reopening rejected - Held that:- We set aside the reassessment order which was passed without disposing of the objections raised by the assessee. See Banaskantha District Oilseeds Growers Co-Op. Union Ltd. Versus ACIT [2015 (8) TMI 269 - GUJARAT HIGH COURT] Impugned assessment order dated 30.12.2016 passed by the Assessing Officer is hereby quashed and set aside. Consequently, the demand notice dated 30.12.2016 is also quashed and set aside. The matter is remitted to the file of the Assessing Officer at the stage of submitting the objections by the petitioner against the reopening of the assessment for AY 200910. The Assessing Officer now to deal with and dispose of the objections raised by the petitioner on 24.11.2016 and pass a speaking order, before proceeding with the reassessment in respect of the assessment year for which such notice has been issued and communicate the outcome of the same and thereafter after giving some reasonable time to the petitioner to challenge the decision dispose of the objections (in case the Assessing Officer overrules the objections raised by the petitioner by a speaking order).
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