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2019 (12) TMI 983 - ITAT BANGALORERevision u/s 263 - validity of reopening of the assessment - HELD THAT:- For deciding about the validity of reopening of the assessment, this aspect was open before CIT (A) that reopening was made for the allegation of accommodation entry of ₹ 65 lacs from Sri Aseem Kumar Gupta although no addition of ₹ 65 lacs was made by the AO in the assessment order passed u/s 147 rws 143 (3) of I. T. Act on 11.03.2013 and that order was under challenge before CIT (A) in that appeal which was pending before CIT (A) when the notice was issued u/s 263 by PCIT and the impugned order was passed by him. In our considered opinion, under these facts, this Judgment of Hon’ble Madras High Court rendered in the case of CWT vs. Sampathmal Chordia [2001 (11) TMI 39 - MADRAS HIGH COURT] is applicable and respectfully following the same, we hold that learned PCIT had no jurisdiction u/s 263 in the facts of the present case and hence, we set aside the impugned order passed by PCIT u/s 263 - Decided in favour of assessee.
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