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TMI Blog2024 (9) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... ering the above undisputed facts, without entering into the merits of the matter, the impugned order disposing the objections of the petitioner is hereby quashed and set aside and the matter is remanded back to the AO to give an opportunity of hearing to the petitioner so as to consider the objections filed by the petitioner in detail in response to the impugned notice u/s 148. AO is also directed to provide information in his possession which is referred to and relied upon in the reasons recorded for issuance of the impugned notice u/s 148 of the Act and the petitioner shall be at liberty to file further reply if required on basis of such information. - HONOURABLE MR. JUSTICE BHARGAV D. KARIA AND HONOURABLE MR. JUSTICE NIRAL R. MEHTA App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, and F) This Hon'ble Court be pleased to allow this application with cost against the respondent. 3. Brief facts of the case are that the petitioner is a partnership firm and is being assessed to income tax at PAN No.AADFD2337G for last several years. The assessee is a Practicing Chartered Accountant and runs the business in the name and style of M/s. Delloite Hasking Sells . 4. For the Assessment Year 2012-2013, the petitioner assessee filed return of income on 28.09.2012 declaring total income of Rs. 47,47,10,870/- and subsequently filed revised return of income on 31.03.2014. 5. A scrutiny assessment came to be made on the petitioner on total income of Rs. 47,47,10,870/- by order dated 27.02.2015. Thereafter the petitioner receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .2019 for Assessment Year 2012-2013 stating that he had reason to believe that income chargeable to tax has escaped assessment and the petitioner to file the return. 9. The petitioner filed return on 26.04.2019 in response thereto. The respondent supplied the reasons by letter dated 29.09.2019. 10. The petitioner on receipt of above reasons vide letter dated 8.10.2019, requested the respondent to provide the details of payment in regard to receipt of Rs. 83,61,890/- from the Master Trust Bank of Japan Limited as also the similar details in respect of Rs. 26,48,158/- received from Deloitte Asesores Tributarios SL. in order to reconcile the payment from the Master Trust bank of Japan Limited. The petitioner again sent a reminder letter dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng is not sustainable in law. However, we have noticed something which in our opinion should not be overlooked. It is a settled position of law that if the Assessing Officer intends to reopen the assessment, he is obliged to assign reasons for the same. Once such reasons are assigned, the assessee has a right to lodge his objections to the same. Once the objections are lodged, it is obligatory for the Assessing Officer to take such objections into consideration and pass a speaking order. When we say speaking order, it means a meaningful order dealing with the objections raised by the assessee. The exercise which the Assessing Officer is supposed to undertake while dealing with the objections raised by the assessee is not an empty formality. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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