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2022 (5) TMI 1033 - HC - Income TaxValidity of Reopening of assessment u/s 147 - change of opinion - HELD THAT:- AO concerned has rightly proceeded with the impugned reassessment proceeding and passed the impugned assessment order. In my considered opinion none of the judgments cited by the petitioner is applicable to the instant case in view of exceptional facts and circumstances involved in this Writ Petition which have been elaborately discussed above in detail. Judgment of the Hon’ble Supreme Court in the case of GKN Driveshafts [2002 (11) TMI 7 - SUPREME COURT] upon which petitioner has relied, in the facts and circumstances of the case is not applicable to the present case and rather it goes against the petitioner since in the said judgment, ratio is that the Assessing Officer will be bound to furnish the recorded reasons which he had done in this case while the petitioner after receipt of the recorded reason himself had chosen not to file any objection immediately against the impugned notice as per the decision in the case of GKN Driveshafts (supra) and as such question of disposal of petitioner’s objection against the impugned notice under Section 148 of the Act before issuance of notice under Section 142 (1) of the Act does not arise and the Assessing Officer after not receiving any objection, having no option, has rightly proceeded with the impugned reassessment proceedings by issuing notices under Section 142 (1) of the Act from time to time and the petitioner himself actively participated in the impugned assessment proceedings by complying with the aforesaid notices under Section 142 (1) of the Act and petitioner himself repeatedly requested the Assessing Officer to complete the impugned reassessment proceeding under Section 147 of the Act which are all matters of record, has rightly completed the assessment and passed the final assessment order which is appealable under the statute. - Decided against assessee.
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