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2021 (7) TMI 118 - HC - Income TaxValidity of Reopening of assessment u/s 147 - Notice issued as assessee had received accommodation entries by entry provider Mr. Vipul Vidur Bhatt by using bogus paper company - assessee argued for non disposing of the objections properly - HELD THAT:- We are of the considered view that, the preliminary objections filed by the writ applicants against the reasons recorded for reopening of assessment, have not been properly dealt with by the AO. We take the note of the fact that, while submitting the objections, the assessee had specifically taken a stand that, for A.Y. 2011-12, the transactions of purchase being entered with SCL company and in the next year, the outstanding amount had been cleared by the assessee. In support of such claim, the ledger account of the SCL maintained in the books of accounts of the assessee had been submitted for perusal and adjudication. However, the objections having not been properly dealt with the assessing officer. The preliminary objections raised by the writ applicant in both the cases having not been properly dealt with the by AO. The lapses is in clear violation - AO has passed the order disposing of the objections mechanically and without application of mind. The orders disposing of the objections are hereby set aside and the matters are remitted to the Assessing Officer. The Assessing officer shall take into consideration the objections raised by the writ applicants and pass a fresh speaking order in accordance with law
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