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2021 (8) TMI 177 - HC - Income TaxReopening of assessment u/s 147 - Non considering of objections by AO - HELD THAT:- No reasons having been assigned so far as the issues raised by the writ applicant with regard to the alleged transaction is concerned. We are of the view that, the AO failed to take note of the various objections filed against the reasons recorded - order of disposing off the objections does not reflect proper application of mind to the objections raised by the writ applicant and it could not be said that the objections having been disposed off by passing a reasoned order. In view of the judgment of the Apex Court in the case of GKN Divershaft (India) Ltd. Vs. Income tax Officer & Ors. [2002 (11) TMI 7 - SUPREME COURT] while disposing off the objections against the notice issued under Section 148 of the Act, it is an obligatory on the part of the Assessing Officer to deal with the issues raised therein and pass speaking order. We are conscious that, disposing off the objections raised by the assessee against the reasons recorded before issuance of notice under Section 148 of the Act, though not part of the statutory requirement, as prescribed under the Act, however, same is guided by the directions issued by the Apex Court.
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