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2019 (4) TMI 754 - AT - Income TaxReopening of assessment u/s 147 - AO non disposing objections before proceeding with the assessment by passing a speaking order - HELD THAT:- The re-assessment cannot be sustained. As observed herein above though the preliminary objection was raised against reopening of the assessment, the AO did not dispose of the same till the conclusion of re-assessment proceedings and passed order under section 147 of the Act and even on the directions of the Tribunal, the Ld. CIT(A) who had the coterminus powers with the AO has not adjudicated the same. AO is under a mandate to dispose of such objections before proceeding with the assessment by passing a speaking order and even the Ld. CIT(A) has co-terminus with the powers of AO, which have not been exercised by them, therefore, the reassessment under section 147 cannot be sustained - Decided in favour of assessee.
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