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2021 (3) TMI 827 - AT - Income TaxReopening of assessment - mismatch of TDS Certificate and income declared by the assessee - Reopening on the basis of audit objection - HELD THAT:- Hon’ble Gujarat High Court in the matter of Vodafone West Ltd. vs. ACIT [2015 (5) TMI 216 - GUJARAT HIGH COURT] has held that reassessment proceeding cannot be initiated merely on basis of audit objection, where Assessing Officer has no subjective satisfaction. As it can be seen after going through the impugned order that Ld. A.O. made reassessment on the basis of audit objection. We are of the considered opinion that Ld. A.O. should have formed independent opinion and copy of the said opinion should have been given to the assessee. As we can see that exercise was not carried out by the Ld. Assessing Officer and merely on the basis of audit objection by the Departmental Officer in reassessment proceedings addition were made and same is not tenable in the eyes of law. We hold that proceeding u/s. 147/148 are invalid therefore assessee deserve to get relief on this technical ground, we do not want to go into the merit of the case. Thus, respectfully following above said judgments, we allow appeal of the assessee.
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