TMI Blog2023 (9) TMI 322X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee. - Shri Shamim Yahya, Accountant Member And Shri Yogesh Kumar Us, Judicial Member For the Assessee : Shri Sidhant Arora, CA For the Revenue : Shri Vivek Vardhan, Sr. DR ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal filed by the assessee is directed against the order of ld. CIT (Appeals)-V, Gurgaon dated 27.10.2014 for the Assessment Year 2007-08. 2. Grounds of appeal taken by the assessee read as under :- 1. The Ld. CIT (A) has erred in law and facts of the case in upholding the reopening u/s 147 and further upholding the validity of notice u/s 148 of Income Tax Act, 1961 which is beyond jurisdiction, void-ab-initio Since we have already quashed the reassessment order, there is no need ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0,000/- was treated as deemed dividend in their respective hands. An addition u/s 2(22)(e) of Rs. 18,00,000/- was therefore made in the hands of the assessee and assessment in the case completed at Rs. 30,75,260/-. 4. Ld. CIT (A) passed a very short order in this case referring to assessee s brother, Shri Aman Sharma case as under :- 5. Grounds of appeal nos.1 and 2: Here the assessee has challenged the proceedings u/s 147. 5.1 Identical grounds have been adjudicated in the case of assessee's brother, Shri Aman Sharma in Appeal no. 49/CIT(A)(C)/GGN/2013-14 dated 27.10.2014 wherein at para 5.2, I have upheld the action of the AO. The same will also hold good here. 6. Ground no: 3: Here the assessee has challenged the add ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suing notice u/s. 148 of the Act on 14.3.2013 (PB-17) and in response to the same, the assessee has filed detailed objections (PB- 23-46) against the notice of reassessment under section 147 of the Act and AO without disposing of the objections filed by the assessee, passed the assessment order u/s. 147 of the Act dated 30.9.2013 thereby making an addition of Rs. 18 lacs on account of deemed dividend u/s. 2(22)(e) of the Act. We note that it is settled law that in case the objections were filed by the assessee against the notice u/s. 147 of the Act, then the AO is bound to dispose of the said objections by a comprehensive order, but in this case the AO has not done this, which is against the mandate of the decision of the Hon ble Gujarat Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Supreme Court, as aforesaid, the re-assessment cannot be sustained. As observed herein above though the detailed objections were raised against reopening of the assessment, the AO did not dispose of the same till the conclusion of re-assessment proceedings and passed order under section 147 of the Act. 5.3 In the instant case, Ld. CIT(A) at para 2 of page no.9 of the order has made an attempt to distinguish the decision of Hon'ble Supreme Court in the case of GKN Driveshafts (India) Ltd. by placing reliance on the decision of ITO vs. Smt. Gurinder Kaur (2006) 102 ITD 189 (Del ITAT) in which it was held that non-communication of reasons is not fatal. However, Ld. CIT(A) has been misled by the said decision since the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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