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Reopening Quashed: Non-Compliance with GKN Driveshafts Procedure Vitiates Entire Assessment
Case Law Details
- Case Name
- Combine Diamonds Private Limited Vs ACIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Mumbai
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Combine Diamonds Private Limited Vs ACIT (ITAT Mumbai)
Reopening Quashed – Non-Compliance with GKN Driveshafts Procedure Vitiates Entire Assessment
Assessee’s case was reopened u/s 147 based on hawala purchase information (₹6.19 Cr) received from Investigation Wing. AO completed reassessment making addition of ₹29.35 lakh, which was upheld by CIT(A).
Before ITAT, assessee challenged validity of reopening on ground that mandatory procedure laid down in GKN Driveshafts was violated.
ITAT observed :
Assessee repeatedly requested reasons for reopening
AO issued notices ...
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