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2019 (7) TMI 292 - AT - Income TaxRe-opening of assessment u/s 147 - non disposal of objection raised by appellant regarding jurisdiction of reopening such as reasons to belief, barred by limitation, no failure on the part of the Appellant to fully and truly disclose material facts etc.- HELD THAT:- We find that assessee has filed the Objection letter dated 15.4.2013 before the AO stating therein “There is no escapement under assessment completed. The initiation of proceedings u/s. 147 are unwarranted.” which shows that the AO has not decided the objection neither by a separate order nor in the final assessment order dated 21.3.2014, which is very essential to decide the same before completing the assessment and against the spirit of the direction of the Hon’ble Supreme Court of India laid down in the decision of the GKN Driveshafts (India) Ltd. vs. ITO a [2002 (11) TMI 7 - SUPREME COURT] and also Ld. CIT(A) has not taken into consideration the objection filed by the assessee against the ‘reasons to believe’ stated by the AO. Therefore, in the interest of justice, we are remitting back the issues in dispute to the file of the AO with the directions to first decide the objection of the Assessee and then decide the issues in dispute, afresh, after giving adequate opportunity of being heard to the assessee.
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