TMI Blog2020 (10) TMI 1171X X X X Extracts X X X X X X X X Extracts X X X X ..... same by passing a speaking order. Considering the law laid down by the Hon'ble Supreme Court, it was really not open to the AO to refuse furnish of reasons for issuing notice under Section 148 of the IT Act. As a result of such refusal, the Appellant was deprived of the valuable opportunity of filing objections to the reopening of the assessment. The approach of the AO in this case was contrary to the law laid down by the Hon'ble Apex Court in GKN Driveshafts (India) Ltd. [supra] - Decided in favour of the Assessee - TAX APPEAL NO.34 OF 2016 - - - Dated:- 27-10-2020 - M.S. SONAK DAMA SESHADRI NAIDU, JJ. Mr. D. Robinson Advocate for the Appellant. Ms. Amira Abdul Razaq, Standing Counsel for the Respondent. ORA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such circumstances is required to be interfered with. 4. Ms. Razaq, the learned Counsel for the Respondent defends the impugned orders on the basis of the reasoning reflected therein. She submits that the reasons were ultimately furnished to the Appellant before the ITAT and, therefore, assuming that there was any irregularity in the procedure adopted, the same was ultimately cured. For these reasons, she submits that this Appeal may be dismissed. 5. Rival contentions now fall for our determination. 6. In this case, there is absolutely no dispute that the Appellant, after receipt of the notice under Section 148 of the IT Act seeking to reopen the assessment for the Assessment Year 2004-05, requested for furnish of reasons. There is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pletion of the assessment, reassessment order cannot be upheld. The Division Bench noted that the special leave petition filed by the Revenue against the decision of this Court in Fomento Resorts and Hotels Ltd. (supra) has been dismissed by the Hon'ble Apex Court. 9. The furnish of reasons at the stage when the matter was pending before the ITAT, cannot, in facts of the present case, cure the default in the first instance. 10. Thus, following the decision of the Hon'ble Apex Court in GKN Driveshafts (India) Ltd. (supra), the substantial question of law framed in this case is required to be answered in favour of the Assessee. As a consequence, not only the orders impugned in this appeal are required to be set aside, bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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