Case Law Details
It is an undisputed fact that the reasons actually recorded by the Assessing Officer were not furnished to the assessee till 14.06.20012 despite repeated requests and demands and therefore, the gist of reasons as furnished vide letter dated 28th June 2007 cannot be treated as reasons actually recorded by the Assessing Officer as per section 148 (2) and as mandated by the Hon’ble Supreme Court in case of GKN Driveshafts (India) Ltd (supra). Thus, the Assessing Officer has failed to furnish the reasons recorded for reopening of the assessment within the reasonable time and rather prior to the completion of assessment, than the reassessment order passed without supply of reasons as recorded for reopening of the assessment, is invalid and cannot sustain.
INCOME TAX APPELLATE TRIBUNAL , MUMBAI
I.T.A. Nos. 3359 to 3361/Mum/2009
( Assessment Years :2001-01,01-02 and 2002-03 )
Tata International Ltd. Vs. Dy Commr of Income Tax
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