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2021 (7) TMI 839

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....Balaji For Respondent: Mr.D.Prabhu Mukunth Arunkumar, Standing counsel for Income Tax ORDER The writ petition is filed challenging the order passed by the respondent, disposing of the objections filed by the writ petitioner for re-opening the assessment. 2.The petitioner is a private company limited and the impugned order is challenged mainly on the ground that the spirit of the directives giv....

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.... be based on new/tangible material on record, have not been dealt with by the competent Assessing Officer while disposing of the objections. It is contended that the writ petitioner raised eight points for consideration and none of the objections raised in para 2.1 had been considered nor a finding has been given in the order disposing of the objections. 4.This apart, the learned counsel appearin....

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....n by the Assessing Officer to proceed with the matter by following the provisions of the Income Tax Act. It is repeatedly held that the directives in GKN Driveshafts India Ltd. case (supra) regarding disposal of the objections means that the objections raised both factually and legally must be considered with reference to the provisions of the Act and the principles and a finding is to be given en....