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2018 (2) TMI 162 - AT - Income TaxReopening of assessment - proceeding against dissolved entity - copy of reasons recorded were not provided to the assessee - Held that:- In the present case despite specifically request by the assessee to the AO / CIT(A) for providing the reasons recorded for assumption of jurisdiction, AO or the CIT (A) have failed to comply the mandatory requirement of law by providing the reasons recorded before issuance of notice u/s 148 to the assessee, hence objection raised by the assessee vide letter dt.09.12.2008 remained unanswered. Further the reasons brought on record by the Standing Counsel for the Revenue, reproduced herein above are bereft of any reasoning and are not pertain to the years under consideration. From a perusal of the two reasoning’s reproduced herein above, it is not discernible as to for which BOI the reasons were recorded, for which year it were recorded, what were the PAN nos of BOI and what were ground s for reopening. Further the reasons reproduced hereinabove are only the reasons forming part of the note sheet, whereas for the requirement of law, the reasons should be recorded separately and thereafter proceedings should be initiated by the AO.As the copy of reasons are required to be provided to the assessee and note sheet of the proceedings cannot acquire the status of reasons recorded Therefore the reassessment proceedings initiated by the Revenue against the BOI are without any jurisdiction - Decided in favour of assessee.
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