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Reassessment not valid if assessee’s objections to reasons for reopening not disposed
Case Law Details
- Case Name
- Nimitaya Hotel & Resorts Ltd. Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2007-08, 2008-09, & 2009-10
- Courts
- All ITAT, ITAT Delhi
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Nimitaya Hotel & Resorts Ltd. Vs ACIT (ITAT Delhi)
Learned assessing officer despite making repeated requests by the assessee for furnishing the reasons recorded for reopening of the case did not provide the reasons even before 13 months of the 1st request and when assessee files objection to such reasons within 60 days, he does not disposal of them by a speaking order but passes the assessment order u/s 143 (3) read with section 147 of the act. This itself shows that reassessment proceedings requires to be quashed as the neither rejection not acceptance of the objections ...






