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2022 (1) TMI 602 - HC - Income TaxReopening of assessment u/s 147 - Eligibility of reasons to believe - HELD THAT:- Considering the law enunciated by the Hon'ble Apex Court in GKN Driveshafts (India) Ltd.,[2002 (11) TMI 7 - SUPREME COURT]Tribunal has observed that the Assessing Officer has provided the reasons and also disposed of the objections though not by way of separate order but in the body of the assessment order, hence dismissed the Miscellaneous Petitions. The assessee has suppressed these material facts before this Court. It was obligatory on the part of the assessee to bring it to the notice of this Court at the time of hearing inasmuch as the disposal of the Miscellaneous Petitions in the manner as aforesaid. In the absence of challenge to the order passed in Miscellaneous Petitions, the arguments now advanced by the learned counsel for the assessee is wholly untenable - no prejudice is caused to the assessee in restoring the matter back to the file of Assessing Officer to pass a speaking order on the objections and then to conclude the assessment. With great respect, the judgments relied upon by the learned counsel for the appellant - assessee are distinguishable and not applicable to the facts and circumstances of the case. In GKN Driveshafts (India) Ltd., supra, the Hon'ble Apex Court has held that the assessee can seek reasons recorded by the Assessing Officer only after filing of the return of income. Objections could be raised thereafter which requires to be disposed of by Assessing Officer. But the assessee herein has not filed the return subsequent to issuance of notice under Section 148 of the Act nor adopted the return filed earlier. Hence, alleging non-disposal of the objections by a speaking order has been rightly considered by the Tribunal and the matter has been restored back to the file of the Assessing Officer. Hence, we find no perversity or infirmity in the order impugned. - Decided against assessee.
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