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Case Law Details

Case Name : Aman Sharma Vs ACIT (ITAT Delhi)
Appeal Number : I.T.A.No. 7026/Del/2014
Date of Judgement/Order : 26/04/2018
Related Assessment Year : 2007-08
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Aman Sharma Vs ACIT (ITAT Delhi)

Conclusion: Order of reassessment passed without disposing off the objection raised by assessee was invalid as assessee was entitled to raise objection against the reason given in reassessment notice and AO was under mandate to dispose of the same by a speaking order before proceeding to reassess the assessee’s income.

Held: Assessee questioned validity of reassessment order on the reason that objection filed before AO were not disposed off before passing of the order. It was held assessee was entitled to raise objection against the reason given in reassessment notice and AO was under a mandate to dispose of objections raised by assessee before proceeding with the assessment by passing a speaking order, which had not been done by him in the present case, therefore, reassessment under section 147 could not be sustained.

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by the Assessee is directed against the Order dated 27.10.2014 of the Ld. CIT(A),(Central), Gurgaon pertaining to assessment year 2007-08 on the following grounds:-

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