TMI Blog2021 (4) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... onveys the decision over ruling the objection of the petitioner. The exercise carried out by the respondent was contrary to the decision of the Hon'ble Supreme Court in G.K.N Drive Shafts India Ltd. Vs Income Tax Officer , [ 2002 (11) TMI 7 - SUPREME COURT] Therefore the impugned assessment order passed by the respondent is liable to be quashed. Under these circumstances, the impugned as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income Tax Act, 1961. The respondent has also given reasons for reopening the assessment prior to passed in the impugned order vide communication dated 26.08.2015 which reads as under: ''The letter from Deputy Director of Income Tax (Investigation), Chennai, dated 30.03.2015 states that the assessee has paying an amount of ₹ 2 crores to Savings Bank account to M/s.Kalaigna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the present writ petition is liable to be dismissed. 4.Heard the learned counsel for the petitioner and the learned counsel for the respondent. 5.Today, when the case was taken up for hearing, the learned counsel for the respondent Income Tax Department has filed a copy of the communication dated 29.01.2016 bearing reference No.ACIT-NCC- 20/2015-16. The content of the said letter is repr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India Ltd. Vs Income Tax Officer, 259 ITR 19 (SC). A perusal of the above communication dated 29.01.2016 the relevant portion shows this is a non speaking order and merely conveys the decision over ruling the objection of the petitioner. The exercise carried out by the respondent was contrary to the decision of the Hon'ble Supreme Court in G.K.N Drive Shafts India Ltd. Vs Income Tax Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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