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2012 (12) TMI 655 - ITAT CHANDIGARHValidity of assessment u/s 147 – Notice u/s 148 was issued on the basis of sufficient material on record, including the order u/s 263 – Order u/s 263 had been cancelled by the ITAT - Assessee had claimed deduction u/s 80IA which was observed to be non - genuine and non- admissible by the AO – Assessee contended that the assessments have been framed without issue of notice u/s 143(2) – Held that:- As the said notices u/s 148 were issued within six years i.e. within stipulated period. Following the principles of natural justice we deem it fit to restore the present issues back to the file of the CIT (Appeals) to decide the same de - novo in accordance with law after affording reasonable opportunity of hearing to the assessee. Remand back to CIT(A)
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