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2018 (7) TMI 212 - AT - Income TaxReopening of assessment - procedure to be followed when a notice under Section 148 of the said Act is issued - non disposing of objections of assessee - Held that:- In the instant case, no speaking order has been passed by the Assessing Officer but he directly proceeded to pass the reassessment order which is un-doubtly contrary to the directions in GKN DRIVESHAFTS (INDIA) LTD. VERSUS INCOME-TAX OFFICER AND OTHERS [2002 (11) TMI 7 - SUPREME COURT]. As the Assessing Officer is bound to dispose off the objection(s) of the assessee by passing speaking order before proceeding with the re-assessment, hence, the appropriate course should be to restore back the matter to the file of the Assessing Officer with a direction to dispose off the assessee’s objections by passing speaking order thereon and thereafter, to proceed with the reassessment proceeding, if required, as per law. Set aside the impugned order passed by the Ld CIT(A) with direction to the Assessing Officer for passing a speaking order on assessee’s objections and thereafter can proceed further, if required, as per law
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