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2022 (12) TMI 231 - AT - Income TaxReopening of assessment u/s 147 - reasons recorded for reopening - disposal Objection against reopening - according to the Ld. AR, the AO did not follow the binding order Asian Paint Ltd.[2007 (1) TMI 159 - BOMBAY HIGH COURT] wherein held that if the assessee objects to AO regarding his action of reopening the assessment, and if the AO over-rules the objection, then the AO should not proceed further in the matter for a period of four (4) weeks from the date of receipt of service of the said order [rejecting the objections] - HELD THAT:- Pursuant to a request by assessee the reasons recorded [for re-opening] was given to assessee wherein there was apparent mistake on face of the letter in the “reasons recorded” spells out the figure/sum escaped is alleged as Rs.5,20,00,200/- whereas at page 19-20 PB, another reasons recorded (no date) it alleges escapement of income to the tune of Rs.2,87,50,000/- which mistakes according to Ld AR exposes the non-application of mind of AO while recording reasons about the escapement of income. Four (4) weeks time, after AO disposes of the objection raised by assessee against re-opening - One of the other issue brought to our notice is regarding violation of the order of the Hon’ble High Court’s binding direction (supra) to give assessee at least four (4) weeks time, after AO disposes of the objection raised by assesse against re-opening of assessment. In this case, we note that AO has disposed/rejected the objection raised by assessee by order dated 05.03.2015 (refer page 35 PB) and passed the re-assessment order dated 20.03.2015, which clearly shows that AO did not give time of four (4) weeks for assessee to avail the extra-ordinary jurisdiction under Article 226 of the Constitution of India. It is noted that Assessee received said with letter rejecting the objection on 10.03.2015 and the AO passed the re-assessment order on 20.03.2015 which is against the binding direction of Hon’ble High Court in Asian Paints [2007 (1) TMI 159 - BOMBAY HIGH COURT]. Therefore on this score alone, we cancel the order of re-assessment passed by AO. - Decided in favour of assessee.
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