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2021 (1) TMI 670 - AT - Income TaxReopening of assessment u/s 147 - non furnishing of the reasons recorded by the AO to assessee - HELD THAT:- As gone through the letter dated 29.11.2016 wherein the objections of the assessee have been removed by the AO but the supply of reasons has not been mentioned there to. We have gone through the order sheets in assessment folder and could not find any noting pertaining to furnishing of reasons recorded to the assessee. As verified the records of the revenue and find that the letters filed by the assessee requesting for supply of reasons have been a part of the record. The revenue till the date of hearing could not furnish the evidence of supplying the reasons recorded to the assessee. The issue of vitiation of reassessment proceedings on account of the failure of the AO to furnish reasons for reopening the assessment u/s. 148 of the Act to the assessee has been dealt in Sh. M.R. Seetharama (Ind.)[2015 (12) TMI 110 - ITAT BANGALORE] and ITO Vs. Rishi Godani [2018 (4) TMI 929 - ITAT AGRA] Hon'ble jurisdictional High Court in the case of Pr. CIT Vs. Jagat Talkies Distributors [2017 (9) TMI 192 - DELHI HIGH COURT] held that the assessment proceedings cannot be held to be valid in the absence of furnishing of reasons recorded by the AO to the assessee. Hon'ble Supreme Court in the case of M/s. GKN Driveshafts Pvt. Ltd.[2002 (11) TMI 7 - SUPREME COURT] held that after filing of the return in response to the notice issued u/s. 148, the assessee has every right to seek the reasons recorded for the assessment and Assessing Officer is bound to furnish the reasons within the reasonable time. In the instant case, since the fact of furnishing of the reasons recorded by the AO has not been established and keeping in view, the fact that the revenue could not provide any evidence to prove that the reasons recorded indeed have been supplied to the assessee, we hereby hold that the reassessment proceedings are vitiated. - Decided in favour of assessee.
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