9911796707
TMI Blog2018 (2) TMI 2086X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 7 - SUPREME COURT] Tribunal held that the reassessment order passed by the Assessing Officer without disposing of the objections raised by the assessee in respect of the validity of reopening was bad- in-law. In the case of G.K.N. Driveshaft (India) Limited [ 2002 (11) TMI 7 - SUPREME COURT] it was held by the Hon ble Supreme Court that the assessee on receipt of reasons recorded by the AO is entitled to file objection to the issue of notice under section 148 and the Assessing Officer is bound to dispose of the said object ion by passing a speaking order. Respect fully following the decision in the case of G.K.N. Driveshaft (India) Limited (supra) as well as the decision of the Division Bench of this Tribunal in the case of Hardwar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termining the total income of the assessee at Rs.6,79,140/- after making the addition of Rs.3,50,000/- to the total income of the assessee on account of deemed dividend under section 2(22)(e) of the Act. 3. Against the order passed by the Assessing Officer under section 143(3)/147, an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging the validity of the assessment made by the Assessing Officer under section 143(3)/147 as well as disputing the addition made therein under section 2(22)(e) and since the submissions made by the assessee in support of her case on these two issues were not found acceptable by him, the ld. CIT(Appeals) dismissed the appeal of the assessee. Aggrieved by the order of the ld. CIT(Appeals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... similar to the facts of the present case, inasmuch as the specific object ions raised by the assessee challenging the validity of reopening of assessment after going through the reasons recorded were neither considered nor disposed of by the Assessing Officer by passing a speaking order. By relying on the decision of the Hon ble Supreme Court in the case of G.K.N. Driveshaft (India) Limited vs. - CIT [259 ITR 19], the Tribunal held that the reassessment order passed by the Assessing Officer without disposing of the objections raised by the assessee in respect of the validity of reopening was bad- in-law. In the case of G.K.N. Driveshaft (India) Limited (supra), it was held by the Hon ble Supreme Court that the assessee on receipt of reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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