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2023 (6) TMI 673 - HC - Income TaxReopening of assessment u/s 147 - procedure prescribed for reassessment - mandatory procedure of disposal of objections by the AO - HELD THAT:- Admittedly, the reasons for reopening having been communicated as per Annexure-F and reply to such reasons having been furnished by the petitioner, the Assessing Officer is bound to dispose off the same by passing a speaking order before proceeding to pass an order under Section 143(3) read with Section 147 - In light of the limitation expiring on 31.12.2018, the practical difficulties of the Assessing Officer could be of no reason to condone the non-adherence to the procedure in GKN Driveshafts [2002 (11) TMI 7 - SUPREME COURT] The effect of non-following such procedure has been dealt with by the judgment of the Division Bench of this Court in Deepak Extrusions [2017 (3) TMI 1257 - KARNATAKA HIGH COURT] wherein as rightly held that the mandatory procedure of disposal of objections by the Assessing Officer not having been followed, the order of assessment cannot be sustained. The contention of revenue relying on the judgment of Home Finders [2018 (5) TMI 260 - MADRAS HIGH COURT] cannot be accepted in light of the declaration in the case of Deepak Extrusions [2017 (3) TMI 1257 - KARNATAKA HIGH COURT]stating that the procedure prescribed in GKN Driveshafts (supra) is a mandatory procedure which would vitiate the assessment order - Assessing Officer is bound to dispose off the objections filed by passing a speaking order - Decided in favour of assessee.
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