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TMI Blog2018 (1) TMI 1506X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs were initiated and notice u/s 148 was issued. The perusal of the assessment order reveals that though the assessee vide letter dated 15.12.2010 filed before the AO various objections but there is no mention of these objections being disposed before the framing of the re-assessment order. DR could not place any evidence to controvert the argument of non disposal of the objections filed by the assessee. In our opinion, the objections filed by the assessee during the reassessment proceedings has to be disposed off failing which the reassessment order so passed by the AO is nullity. See M/S. BAYER MATERIAL SCIENCE PVT LTD VERSUS THE DEPUTY COMMISSIONER OF INCOME TAX-10 (3) AND OTHERS [ 2016 (3) TMI 179 - BOMBAY HIGH COURT] - Decided in favo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sary for the assessment for that assessment year was bad in law. 4. The learned C!T(A) erred in not holding that recording proper reasons justifying failure on part of the appellant to disclose fully and truly all material facts was necessary for the assessment for that assessment year; 5. The learned CIT(A) erred in not holding that Chetan Shah had not confessed that his firm's dealings with the appellant were bogus and hence the formation of belief by the Assessing Officer that income of the appellant had escaped assessment was not justified. 6. The learned CIT(A) erred in not holding that the reassessment order passed without addressing the appellant's objections is bad in law and ought to be quashed. 7. Without preju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Maharashtra vide letter No.DDIT(Inv) (U)-3/147/2010-11 dated 22.4.2010 regarding the payment made by the assessee to Shri Chetan P Shah, a hawala operator. The said hawala operator admitted in the search action on him that he along with the associate concerns was engaged in the business of providing bogus purchase entries to various parties after deducting commission therefrom. The AO thereafter recorded the reasons for reopening of the assessment and accordingly issued notice under section 148 of the Act dated 21.6.2010 to the assessee. The assessee vide letter dated 15.12.2010 objected to the reopening of the assessment under section 148 of the Act which is reproduced by the AO in para 2 of the assessment order. The AO proceeded to fram ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , whether the AO has disposed the objection of the assessee or not and requested for a week's time for ascertaining the facts. The same was allowed to the ld DR. However, the ld. DR admitted that if there is non-disposal of the objection of the assessee, the appeal be restored to the file of the AO for disposal of the objections and verification of facts and for framing of the assessment denovo after disposing of the objections . 7. We have carefully considered the rival submissions and perused the material placed before us including the impugned orders and the case law referred to and relied upon by the assessee. The undisputed facts of the case are that the assessment was reopened u/s 148 of the Act after AO formed a belief that income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment order without having disposed of the objections is in defiance of the Supreme Court's decision in GKN Driveshafts (India) Ltd. (supra). Thus, the draft Assessment order dated 30th March, 2015 is not sustainable being without jurisdiction. This for the reason that it has been passed without disposing of the objections filed by the Petitioner to the reasons recorded in support of their impugned notice. Accordingly, we set aside the draft Assessment order dated 30th March, 2015. We are not dealing the validity of the reasons in support of the impugned notice in the present facts as the time limit to pass the Assessment order as provided under 4th Proviso to sub-section(2) of Section 153 of the Act has already expired when the petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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