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2021 (4) TMI 1043 - HC - Income TaxReopening of assessment u/s 147 - as per assessee proposal for reopening the assessment is liable to be dropped, since there is no finding that there was escapement of income - also contended that for the purpose of carrying on verification exercise, reopening cannot be ordered - HELD THAT:- Though such specific contention was raised, instead of dealing with the same, by passing a speaking order, the first respondent chose to merely inform the assessee that the proceedings have been initiated only with the approval of the jurisdictional Joint Commissioner. The first respondent has not at all dealt with the contentions raised by the assessee. The Hon'ble Supreme Court in GKN Driveshafts [2002 (11) TMI 7 - SUPREME COURT] had specifically held that the assessing officer is bound to dispose of the assessee's objections by passing a speaking order. In as much as this requirement of law as laid down by the Supreme Court has not been complied with, the respondent is directed to dispose of the petitioner's objections by passing a speaking order within a period of four weeks from the date of receipt of a copy of this order. We refrain from interfering with the impugned notices. If the assessing officer chooses to reject the petitioner's objections by passing a speaking order, then, it is open to the petitioner herein to move this Court again. All the contentions of the petitioner are left open.
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