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2014 (7) TMI 949 - AT - Income TaxReopening of assessment u/s 147 – Expenses on purchase of software – Principle of consistency - Held that:- CIT (A) has simply affirmed the reassessment order without deciding the issue in its right perspective by only saying that objection of the assessee was raised before the AO which is not valid in law and has not considered the issue properly - Following the decision in M/s. Chroma Print, C/o. Shri TN. Seetharaman, Advocate Versus The Assistant Commissioner of Income Tax, Circle-II [2012 (8) TMI 520 - ITAT, CHENNAI] – also in ALF Firm Vs. CIT [1991 (2) TMI 1 - SUPREME Court] it has been held that reassessement cannot be based on bare or mere change of opinion - In order to maintain consistency in the decision making process and to avoid conflicting orders, the entire appeal should go back to the CIT(A) - both the issues in appeal have overlapping effect, they cannot be decided independently by two different authorities – matter is remitted back to the CIT(A) to pass order on the issue of re-opening of assessment – Decided in favour of Assessee.
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