The Tax Publishers2020 TaxPub(DT) 1674 (Mum-Trib)

INCOME TAX ACT, 1961

Section 147

AO miserably failed to dispose off objections raised by assessee prior to framing of assessment, therefore, re-assessment order passed by AO was not proper and was accordingly quashed.

Reassessment - Validity - AO miserably failed to dispose off objections raised by assesse prior to framing of assessment -

AO reopened assessment so as to make addition of deemed dividend under section 2(22)(e) in assessee's hands. Assessee raised objections before AO, as soon as it received reasons for reopening of assessment, however, AO without disposing off the same, completed assessment and made addition.Held:AO miserably failed to dispose off objections raised by assesse prior to framing of assessment and had not applied his mind as to whether chargeability of deemed dividend was attracted in the hands of assessee or not, therefore, re-assessment order passed by AO was not proper and, accordingly quashed.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :



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