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2017 (10) TMI 542 - HC - Income TaxReopening of assessment - Held that:- Department had invoked Section 148 of the Act of 1961 in respect of three assessment years as against the petitioners. The Department has also supplied the reasons for such invocation. The petitioners had replied thereto. It was incumbent upon the authorities to consider and decide the objections raised by the petitioners before proceeding to assess the reopened assessment years. In the present case, the Assessing Officer did not dispose of the objections raised, but proceeded to pass an order of assessment after reopening the assessment under Section 148. Such a procedure, in my view, is not available to the Assessing Officer. The Assessing Officer ought to have disposed of the objections raised by the petitioners by a reasoned order prior to the Assessing Officer passing an order of assessment after reopening the assessment under Section 148 of the Act of 1961. In such circumstances, the impugned order of assessment cannot be sustained. The same is set aside. All consequential steps taken pursuant to in terms of impugned order of assessment including notice under Section 271 of the Act of 1971 are also set aside.
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