TaxTMI 
TaxTMI 
2018 (1) TMI 1506
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....r of the learned Commissioner of Income-tax (Appeals)-2, Mumbai [hereinafter referred to as the "CIT(A)"] dated March 22, 2016, places for your consideration the following grounds of appeal:- 1. The Learned CIT(A) erred in confirming the action of the Assessing Officer in reopening the assessment completed under section 143(3) of the Income Tax Act, 1961 without considering the facts and circumstances of the case. 2. The learned CIT(A) erred in holding that the reopening of the assessment under section 147 of the Act was justified failing to appreciate that based on the reasons recorded by the Assessing Officer no valid belief that income had escaped assessment on account of failure to furnish full and true particulars cou....
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....uine. 7.2 The learned CIT(A) erred in not holding that an opportunity to cross examine Mr. Chetan Shah, Proprietor of M/s. Suraj Enterprises on the dealings that his firm had with the appellant should have been given to the appellant. 7.3 The learned CIT(A) erred in not appreciating the fact that the appellant had submitted invoices and bank details to support the genuineness of the transactions. 7.4 The learned CIT(A) erred in not holding that the impugned order passed by the learned DCIT based on conjectures and surmises is bad in law and ought to be quashed". 3. We shall first deal with grounds of appeal no.6 whereby the assessee seeks to challenge the validity of the assessment order passed under section 14....
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.... by the assessee. The issue was specifically raised by the assessee before the ld.CIT(A) which was not adjudicated by the First Appellate Authority. 5. The ld. AR vehemently submitted before us that the order passed by the ld CIT(A) is liable to be annulled in view of the fact that assessment order is itself bad in law and is liable to be quashed on the ground that nondisposal of the objections filed by the assessee during the course of reassessment proceeding vide letter dated 15.12.2010 by the AO. The ld. AR relied on the decision of the jurisdictional High Court in the case of Bayer Matrial Science (P) Ltd V/s DCIT (2016) 66 taxmann.com 335 (Bom) and prayed that in view of the above said ratio by the jurisdictional High Court , the or....
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.... 148 of the Act was issued. The perusal of the assessment order reveals that though the assessee vide letter dated 15.12.2010 filed before the AO various objections but there is no mention of these objections being disposed before the framing of the re-assessment order. Even the ld DR could not place any evidence to controvert the argument of non disposal of the objections filed by the assessee. In our opinion, the objections filed by the assessee during the reassessment proceedings has to be disposed off failing which the reassessment order so passed by the AO is nullity. The case of the assessee is squarely covered by the decision of the jurisdictional High Court (supra) wherein it has been held : "11. In the present facts, we fi....