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of <h1>Audit-objection-based s.147 reassessment reopening challenged for lack of independent AO satisfaction; notice quashed, appeal dismissed</h1> Reopening of assessment under s.147 based on audit objections was challenged as lacking the AO's independent application of mind and amounting to borrowed ... Validity of Reopening of assessment u/s 147 - audit party objections had come and the AO issues notice - independent application of mind by AO v/s borrowed satisfaction - As decided by HC [2023 (2) TMI 1080 - GUJARAT HIGH COURT] there is no material worth the name emerging that to indicate any independent application of mind could be noticed. On the contrary, there are glaring facts which have been pointed out that the Assessing Officer had no subjective satisfaction while issuing the notice of reopening - AO himself initiated the reassessment proceedings without his own conviction and only at the instance of the audit party which was termed to be a coulourable exercise of jurisdiction and the same was not sustained. HELD THAT:- We are not inclined to interfere with the impugned judgment and order of the High Court; hence, the special leave petition is dismissed. Issues: Special Leave Petition under Article 136 challenging the High Court judgment and order.Conclusion: Special Leave Petition dismissed; no interference with the impugned High Court judgment and order.
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