Separately Identifiable Services: transportation found to be the essential character, so Cargo Handling classification and extended limitation rejecte...
Reassessment is invalid where the Assessing Officer furnishes reopening reasons but fails to dispose of the assessee's objections by a speaking order before completing reassessment. Applying the procedure in GKN Driveshafts and the jurisdictional High Court ruling in Hewlett Packard Financial Services, the Tribunal held that such disposal is mandatory. As the later objections challenging the reopening were never addressed, the notice under section 148 and the reassessment order under sections 143 read with 147 could not survive and were set aside.
Reassessment is invalid where the Assessing Officer furnishes reopening reasons but fails to dispose of the assessee's objections by a speaking order before completing reassessment. Applying the procedure in GKN Driveshafts and the jurisdictional High Court ruling in Hewlett Packard Financial Services, the Tribunal held that such disposal is mandatory. As the later objections challenging the reopening were never addressed, the notice under section 148 and the reassessment order under sections 143 read with 147 could not survive and were set aside.
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