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2022 (4) TMI 42 - HC - Income TaxAssessment u/s 153A/153C or 147 - reasons supplied by the respondent in respect of maintainability of the notice issued u/s 148 - HELD THAT:- A perusal of the impugned order clearly indicates that, in para No. 5 of the impugned order, the respondent No. 3 has simplicitor quoted Section 153C of the I. T. Act and has held that in view of the said section, it was clear that, assessing officer had reopened case of the petitioner correctly as per the provisions of Section 147 of the I. T. Act. In our view, there are no reasons recorded by the respondent No. 3 in the impugned order. Various objections raised by the petitioner are required to be answered by sufficient and cogent reasons. The respondent No. 3 has not given any reasons while dealing with the objection and passing the impugned order. This Court in a case of Tata Capital Financial Services Limited [2022 (2) TMI 1093 - BOMBAY HIGH COURT] after adverting to various judgments of various Courts including the judgment of the Hon’ble Supreme Court in a case of Commissioner of Income Tax Vs. Vasisth Chay Vyapar Ltd. [2018 (3) TMI 56 - SUPREME COURT] has formulated guidelines to be followed by the revenue while dealing with the objection raised by the assessee to the reasons furnished by the Assessing Officer. It is held by this Court that, if the reasons make reference to any other document or a letter or a report, such document or letter or report should be enclosed to the reasons. The order disposing the objections should deal with each objections and give proper reasons for the conclusion. In our view, the impugned order is in total violation of the principles laid down by this Court in a case of Tata Capital Financial Services Limited Vs. Assistant Commissioner of Income Tax Circle 1(3)(1) and others (supra). The Assessing Officer has to deal with each and every objection raised by the petitioner by recording reasons. The proceedings are restored before the respondent No. 3 for deciding objections raised by the petitioner to the reasons supplied by the respondent No. 2 while deciding the matter afresh.
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