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2021 (4) TMI 958 - HC - Income TaxReopening of assessment u/s 147 - Non speaking order dated 29.01.2016 had been communicated pursuant to which the impugned assessment has been passed.- HELD THAT:- A perusal of the communication dated 29.01.2016 the relevant portion shows this is a non speaking order and merely conveys the decision over ruling the objection of the petitioner. The exercise carried out by the respondent was contrary to the decision of the Hon'ble Supreme Court in G.K.N Drive Shafts India Ltd. Vs Income Tax Officer, [2002 (11) TMI 7 - SUPREME COURT] Therefore the impugned assessment order passed by the respondent is liable to be quashed. Under these circumstances, the impugned assessment order dated 30.03.2016 is quashed by directing the respondent to pass a speaking order in terms of the decision of the supreme Court in G.K.N Drive Shafts India Ltd. Vs Income Tax Officer within a period of three months from the date of receipt of a copy of this order. Thereafter, the assessment proceedings can be completed in accordance with law.
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