Nimitaya Hotel & Resorts Ltd. v. ACIT (2019) 71 ITR 313 (Delhi)(Trib.)

S. 147 : Reassessment-Order passed without disposing the objections–Order is bad in law. [S. 148]

Tribunal held that when the Assessee filed objections to reasons  recorded within sixty days, the  AO did not dispose of them by a speaking order but passed the reassessment order which had caused serious prejudice to the interests of the Assessee. Accordingly, as the Ld. AO had not followed the law as laid down by the Hon’ble Supreme Court of India in the case of GKN Driveshafts (India) Ltd. v. ITO (2003) 259 ITR 19 (SC), the Tribunal held that the reassessment order was liable to be quashed. (AY 2007-08, 2008-09, 2009-10 ) (ITA Nos. 1717  to 1832/Del/2014 dt. 1-04 2019)