Case Law Details
Kamlesh Kumar Agarwal Vs ITO (ITAT Delhi)
Facts- The assessee in the grounds of appeal challenged the very jurisdiction of the AO in reopening the assessment u/s 147 of the Act apart from various other legal grounds as well as grounds on merits.
The assessee vide letter dated 21.12.2015 objected for reopening of assessment. However, AO in the assessment order even though the objections raised by the assessee was extracted they were not disposed off by a speaking order.
Conclusion- Held that objections of the assessee on reopening of assessment by the AO in the assessment order, these objections were never disposed off in terms of the decision of Hon’ble Supreme Court in the case of GKN Driveshafts (India) Ltd. Vs. ITO [259 ITR 19].
Held that as AO did not comply with the procedure as laid down by the Hon’ble Supreme Court in the case of GKN Driveshafts (India) Pvt. Ltd. making the assessment as bad in law. Therefore, in view of the above discussion, I hold that the reassessment made by the AO is bad in law and accordingly the reassessment order is quashed. As the reassessment was held to be bad in law on the preliminary grounds and the very jurisdiction of initiation of proceedings u/s 148 of the Act the other grounds raised by the assessee are not gone into as they become academic at this stage.
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