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2021 (5) TMI 887 - AT - Income TaxReopening of assessment u/s 147 - no sale of immovable property during the financial year 2010-11 and also requested for supply of reasons for reopening of the assessment u/s 148 - HELD THAT:- There is no mention of any letters nor there was any mention of supplying the reasons for reopening of the assessment to the assessee. Though a specific ground was taken before the CIT (A),he has not held the issue in favour of the assessee. The Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd [2002 (11) TMI 7 - SUPREME COURT] held that where a notice u/s 148 is issued and the assessee, after filing of the return of income in response to such notice, requests the AO to supply the reasons for reopening, AO is bound to supply the reasons for reopening the assessment and only after disposal of the objections, if any, raised by the assessee, can the AO proceed to reassess the income of the assessee. In this case, it is clear that the Assessing Officer has not followed the due procedure as mandated by the decision of the Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd (cited Supra). We deem it fit and proper to remand the issue to the file of the AO with a direction to supply the reasons for reopening of the assessment to the assessee and only after disposal of the objections, if any, raised by the assessee, the AO shall proceed to recompute the income of the assessee in accordance with law. Needless to mention that the assessee shall be given a fair opportunity of hearing. Assessee’s appeal is treated as allowed for statistical purposes.
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