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TMI Blog2023 (4) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... 147 of the Act. 2. The Petitioner vide communication dated 16th April, 2021, in reference to the aforementioned notice under Section 148 of the Act sought a copy of the reasons recorded. However, vide communication dated 19th April, 2021, the Petitioner was informed that a return of income tax ought to be filed first whereafter only the reasons for reopening would be furnished. The Petitioner claims that the return of income could not be filed by him as he had tested Covid positive on 22nd April, 2021 and was advised rest for a period of one and half months. The Petitioner states that a notice under Section 142(1) of the Act was issued on 17th June, 2021 which was replied expressing the inability of the Petitioner to upload the return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Petitioner were limited to the failure on the part of the Respondents to furnish the reasons recorded for reopening and secondly the unreasonably short period of time provided to the Petitioner for fling his objections to the draft assessment order dated 17th March, 2022. 5. The stand of the revenue on the other hand is that the petitioner had deliberately delayed the fling of the return pursuant to the issuance of the notice under Section 148 of the Act. It was stated that finally the return of income having been filed, and the Petitioner having participated during the reassessment proceedings was estopped from challenging the order of assessment impugned on the ground that reasons had not been furnished. Reliance in this regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the reopening was not warranted based upon issues of facts or of law of which the A.O. was either ignorant of or had entertained misconceptions regarding the same. The requirement to pass a speaking order as per the judgment of the Apex Court in the case of GKN Driveshafts (India) Ltd. was further prescribed to ensure that the reassessment proceedings were not initiated casually and even if erroneously initiated, were dropped at the threshold. In the present case therefore failure on the part of the A.O. to furnish reasons recorded for purposes of reopening the assessment does make the order of assessment unsustainable in law. 9. Reliance placed by Mr. Kumar, learned Counsel for the revenue on the judgment of this Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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