9911796707
TMI Blog2022 (7) TMI 1516X X X X Extracts X X X X X X X X Extracts X X X X ..... n as categorically held that since the reasons recorded for reopening of the assessment were not furnished to the assessee till the completion of the assessment then reassessment order cannot be upheld and thus dismissed the appeal filed by the Revenue. Reassessment quashed - Decided in favour of assessee. - SHRI SANDEEP GOSAIN, JM AND SHRI RATHOD KAMLESH JAYANTBHAI, AM For the Assessee : Shri Ashok K Gupta, Advocate Shri S.L. Jain, Advocate For the Revenue : Shri A.S. Nehra, Addl. CIT ORDER PER: SANDEEP GOSAIN, JM: The assessee has filed an appeal against the order of the ld. CIT(A)-1, Jaipur dated 29-11-2019 for the assessment year 2010-11 wherein the assessee has raised the following grounds of appeal. 1. That the ld. CIT(A) has grossl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the AO has erred in law as well as on facts in not providing reasons for issue of notice u/s 148 as demanded by the assessee during the assessment proceedings. The ld. AR of the assessee had further drawn our attention to Page No.6 of the impugned order of the ldl. CIT(A) wherein he has filed the written submission in support of Ground No. 3. Apart from this, the ld. AR has also drawn our attention towards reply dated 27-11-2017 filed by the assessee before the AO which is at Page 53 to 54 of the Paper book wherein the assessee had also requested the AO for providing the reasons for issuance of Notice u/s 148 of the Act. The ld. AR of the assessee further submitted that providing of reasons recorded is sine qua non for reopening the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d ignored the said ground of the assessee and also did not deal with the specific ground raised by the assessee. In our view, the AO was bound to furnish reasons recorded by him within a reasonable time as has been held by the Hon ble Supreme Court in the case of GKN Driveshafts (India) Ltd. vs ITO (supra) wherein the Hon ble Court held as under:- 5. We see no justifiable reason to interfere with the order under challenge. However, we clarify that when a notice u/s 148 of the Income Tax Act is issued, the proper course of action for the noticee is to file return and he so desires, to seek reasons for issuing notices. The Assessing Officer is bound to furnish reasons within a reasonable time. On receipt of reasons, the noticee is entitled to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot valid Quashed Appeal dismissed. Hon ble Karnataka High Court in the case of Pr.CIT and Another vs V. Ramaiah (ITA No. 451 of 2017 dated 02-07-2018) has held as under:- 8. The decision relied upon by the learned counsel for the Revenue is distinguishable on facts. The order which was to be passed by the assessing authority as preliminary objection of the assessee, once the assessee has raised the objection to such reassessment proceedings, the meeting of such objections in the main reassessment order, could be procedural aspect of the matter but the recording of the reasons before the initiation of the reassessment proceedings and communication thereof to the assessee is sine qua non as held by the Hon ble Supreme Court and that goes to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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