A.O. bound to dispose off objections filed by assessee by passing a speaking order

Redington India Ltd. Vs ACIT (Madras High Court)

The issue under consideration is whether the Assessing officer is correct in rejecting the objections filed by the petitioner against the reasons for reopening the assessment without passing speaking order?

The High Court is of the opinion that the assessing officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the notice is entitled to file objections to issuance of notice and the assessing officer is bound to dispose of the same by passing a speaking order.

Considering the fact that the Order dt. 9-10-2018 rejecting the objections is not a speaking order, High Court is inclined to remit the matter back to the respondent for passing a speaking order, however, by not expressing any view on the merits of the claim made by the respective parties including the limitation issue.

Accordingly, this writ petition is allowed in part and the impugned Order dt. 9-10-2018 alone is set aside and the matter is remitted back to the assessing officer to pass a speaking order on the objections filed by the petitioner against the reasons for reopening.

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