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TMI Blog2021 (6) TMI 77X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act' for short), in respect of Assessment Year 2012-13 by the Assessing Officer, on the ground that same is illegal, without jurisdiction, as prescribed under the Act. 2. Briefly stated the facts of the case are that the writ applicant being a private limited company filed its return of income on 29.09.2012, declaring the total income at Rs. 5,41,938/-. On 31.03.2014, the assessment was framed under Section 143(3) of the Act. During the assessment proceedings various details were called for by the AO including the details pertaining to the bank entries and various transactions made during the year under consideration. The writ applicant vide letters dated Nil (at pages 50 to & 53) had furnished various details like bank particulars, bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e filed by the aassessee for the year under consideration and assessment record of the assessee is anaylzed. Since from the report of investigation wing it is apparent that the assessee company had entered into transactions with various parties which had no creditworthiness to make huge transactions and also their return of income filed is on the line of amount credited in their bank account. Further assessment record of the assessee is also analyzed and it is seen that during the year the assessee has claimed to have made purchase of Rs. 217791108/-, 55902509/- and Rs. 107606458, from M/s. Disha Gems, M/s. Ajit Gems Pvt. Ltd and M/s. Nanesh Exports Pvt. Ltd. Since from the investigation of wing it was found that they were not having credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the end of assessment year under consideration. Hence, necessary sanction to issue notice under Section 148 of the Income Tax Act has been obtained separately from Pr. Commissioner of Income Tax as per the provisions of Section 151 of the Income Tax Act." 6. The writ applicant raised various objections vide communication dated 16.07.2019, both on the ground of jurisdiction as well as on merits and requested the respondent to drop the reassessment proceedings. Same came to be rejected by the respondent vide order dated 30.08.2019, holding that the assessment is valid and within jurisdiction. 7. Being aggrieved by the impugned notice as well as the order disposing of the objections, the writ applicant came up with present writ applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rded for the reassessment, the respondent failed to provide the necessary approval accorded by the Competent Authority and other documents which may form the basis of reasons and enquiry conducted by the AO. 11. It was submitted by the learned counsel Mr. Sunit Shah for the writ applicant that in the previous assessment proceedings, the writ applicant had furnished all the details and based on the details provided, the AO had framed the assessment order under Section 143(3) of the Act, and now on the same material, the AO sought to reopen the assessment which is nothing but a change of opinion and therefore, mere change of opinion, the reopening of concluded assessment is not permissible in law. 12. It was submitted by the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel appearing for the respective parties and having gone through the materials on record, we are of the view that the AO while disposing off the preliminary objections filed by the writ applicant against the reasons recorded for reassessment, has not properly dealt with the objections. We take notice of the fact that, while disposing the objections, the AO has concluded that the objection of the assessee has been duly considered and the same is not found acceptable on merits. 15. We are of the view that the AO failed to take note of various objections filed against the reasons recorded. Para-4 of the order as referred to above does not reflect the proper application of mind to the objections raised by the applicant and it could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pex Court. The specific objections raised by the writ applicant, produced on record at page-30 to 41 to this writ application, have not been properly dealt with by the AO. The lapse is in clear violation of the decision of the Apex Court. We are of the view that the AO has passed the order mechanically and without application of his mind. In other words not in a meaningful manner. 17. In view of the above, this writ application succeeds in part. The order disposing of the objections filed by the assessee dated 30.08.2019 at Annexure - A, page-18 to 22 to this petition is hereby set aside and the matter is remitted to the AO. The AO shall take into consideration the objections raised by the assessee and pass a fresh speaking order in accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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