TMI Blog2018 (4) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... within a period of 15 days from the date of receipt of a copy of this order. (ii) On furnishing of such reasons for reopening, the petitioner is directed to file their objections/reply, within 30 days thereafter, after which, the first respondent shall consider and redo the assessment by following the mandate laid down in GKN Driveshafts (India) Ltd. [2002 (11) TMI 7 - SUPREME Court] (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chargeable to tax for the assessment year 2002-03, escaped assessment within the meaning of Section 147 of the said Act. Therefore, the second respondent proposed to assess/re-assess the income, recompute the loss/depreciation allowance for the relevant assessment year and called upon the petitioner to file their returns within 30 days from the date of service of the said notice. 3. The learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Once again, another letter of the even date was sent by the first respondent to the petitioner calling upon the objections for the proposal under Section 144 of the said Act for the assessment year 2002-03. Only at that point of time, the petitioner realized that he requires reasons for reopening. Therefore, the petitioner sent the letter dated 13.11.2008 objecting to the proposal, requesting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that when an assessee seeks reasons for reopening the assessment, the Assessing Officer is bound to furnish the same. On receipt of the reasons, the assessee is entitled to submit their objections, which should be considered and a speaking order should be passed. The reasons cannot be inferred from the reply given by the Assessing Officer dated 12.8.2008. The reasons for reopening should find a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin a period of 15 days from the date of receipt of a copy of this order. (ii) On furnishing of such reasons for reopening, the petitioner is directed to file their objections/reply, within 30 days thereafter, after which, the first respondent shall consider and redo the assessment by following the mandate laid down in GKN Driveshafts (India) Ltd. (iii) It is made clear that neither party sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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