TMI Blog2019 (6) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... pass a fresh assessment order. Non disposal of objections challenging the validity of re opening of assessment u/s 147 of the Act is not a mere procedural lapse but effects the jurisdiction of the Assessing Officer to pass the assessment order u/s 143(3) r/w section 147 of the Act. See GKN DRIVESHAFTS (INDIA) LTD. VERSUS ITO [ 2002 (11) TMI 7 - SUPREME COURT] . Therefore, we have no hesitation in holding the impugned assessment orders passed under section 143(3) r/w section 147 of the Act as void ab initio. Accordingly, we quash the assessment orders impugned in the present appeal. - Decided in favour of assessee. - ITA No.592 And 593/Mum./2018 - - - Dated:- 29-5-2019 - Shri Saktijit Dey, Judicial Member And Shri Manoj Kumar A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the matter, they require consideration. Moreover, the additional grounds raised by the assessee can be decided on the basis of facts and materials available on record. That being the case, we are inclined to admit the additional grounds for adjudication on merit. 5. Brief facts are, the assessee company is engaged in the business of manufacture and trading of dyes, intermediates, organic and inorganic chemicals, and pharmaceuticals. For the assessment year 2009 10 the assessee filed its return of income on 30th September 2019, declaring total income of ₹ 79,54,12,240. Similarly, for the assessment year 2010 11 the assessee filed its return of income on 17th September 2009 declaring total income of ₹ 96,06,67, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 148 of the Act, the assessee had sought reasons for re opening of assessment and after obtaining the reasons, the assessee had raised objections before the Assessing Officer vide letters dated 31st August 2016, challenging the validity of re opening of assessments under section 147 of the Act. The learned Counsel submitted, the Assessing Officer kept the objections pending and ultimately completed the assessment under section 143(3) r/w section 147 of the Act without disposing of the objections. Thus, he submitted, the Assessing Officer has not followed the ratio laid down by the Hon'ble Supreme Court in GKN Driveshafts India Ltd. v/s ITO Ors., [2003] 259 ITR 019 (SC), which makes the assessment order void ab initio. He subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re opening of assessment under section 147 of the Act in both the assessment years under dispute. The fact that before completion of the assessment under section 143(3) r/w section 147 of the Act, the Assessing Officer has not disposed off the objections raised by the assessee through separate orders, remains uncontroverted before us. The Hon'ble Supreme Court in GKN Driveshafts India Ltd. (supra) has held that if in the course of re assessment proceedings, the assessee raises objections challenging the validity of re opening of assessment under section 147 of the Act, the Assessing Officer is duty bound to dispose of such objections independently before completing the assessment. Following the aforesaid decision of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o laid down in the decisions referred to above, we have no hesitation in holding the impugned assessment orders passed under section 143(3) r/w section 147 of the Act as void ab initio. Accordingly, we quash the assessment orders impugned in the present appeal. As a natural corollary, impugned orders passed by learned Commissioner (Appeals) are hereby set aside. As we have quashed the assessment orders on the reasoning of non disposal of objections raised by the assessee, the other propositions advanced by the assessee challenging the validity of the re assessment orders are of mere academic importance, hence, not required to be adjudicated upon. These grounds are allowed to the extent indicated above. 9. In view of our dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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