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2019 (3) TMI 1306 - HC - Income TaxReopening of assessment - mandatory requirement of disposing of the objections by the AO has not been complied with by passing speaking order - HELD THAT:- AO has considered the query raised in the letter dated 10.04.2018 and the same was disposed of. But, by no stretch of imagination it can be held to be a speaking order passed by the Assessing Officer considering the objections raised by the assessee. Indeed it was a request made by the assessee to furnish the reasons recorded for initiating the proceedings under Section 147 read with Section 148. The objections raised by the petitioner on 20.12.2018 to the summary of reasons recorded provided by the AO has not been disposed of by a speaking order. However, AO proceeded to pass the reassessment order impugned herein, which clearly demonstrates that the mandatory requirement of disposing of the objections by the Assessing Officer has not been complied with and on this ground alone, the order impugned deserves to be set aside. See M/S. DEEPAK EXTRUSIONS PVT. LTD. VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1 (4) , BANGALORE [2017 (3) TMI 1257 - KARNATAKA HIGH COURT] - re-assessment order passed by the Assessing Officer as well as demand notice have been set aside.
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