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| The Tax Publishers2020 TaxPub(DT) 4830 (Mum-Trib) INCOME TAX ACT, 1961
Section 147
Where objections raised by assessee against reasons recorded for reopening, were not disposed of by AO; the consequent reassessment order passed under section 147 was bad in law and accordingly, the same was liable to be quashed.
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Reassessment - Validity - Objections raised against reasons recorded for reopening, being not disposed of by AO -
Assessee challenged the validity of reassessment order passed under section 147. He submitted that he raised objections against reasons recorded for reopening but the said objections were not disposed of by AO and therefore, the consequent reassessment order was bad in law. Held: Since objections raised by assessee against reasons recorded for reopening, were not disposed of by AO or even by CIT (A); the consequent reassessment order passed under section 147 was bad in law and accordingly, the same was quashed.
REFERRED : KSS Petron Private Ltd. v. ACIT [Income Tax Appeal No.224 of 2014 vide Order, dated 3-10-2016] M/s. Bayer Material Science Pvt. Ltd. v. Dy. CIT & Ors. (2016) 382 ITR 382 (Bom) : 2016 TaxPub(DT) 1214 (Bom-HC).
FAVOUR : In assessee's favour
A.Y. : 2010-11
IN THE ITAT, MUMBAI BENCH
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