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2022 (8) TMI 748 - HC - Income TaxValidity of reopening of assessment - non - considering and disposing objection of the petitioner by passing a speaking order - HELD THAT:- The impugned assessment order dated 31st March, 2022 being Annexure P-11 to the writ petition passed is in clear violation of the law laid down in the case of GKN Driveshafts (India) Ltd. [2002 (11) TMI 7 - SUPREME COURT] and the same is not sustainable in law since it was passed without considering and disposing objection of the petitioner by passing a speaking order which he was obliged to do in view of the decision of the Apex Court in the case of GKN Driveshafts (supra) before proceeding any further in the impugned reassessment proceeding. In view of the discussion made above impugned assessment order is quashed and the matter is remanded back to the assessing officer concerned to first dispose of the aforesaid objection of the petitioner against impugned notice under Section 148 by passing a reasoned and speaking order and after giving an opportunity of hearing to the petitioner or its authorised representatives and any further proceeding with the impugned assessment proceeding will depend upon the final outcome of the aforesaid objection of the petitioner.
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