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2021 (12) TMI 1172 - ITAT KOLKATARevision u/s 263 by CIT - Reopening of assessment u/s 147 - HELD THAT:- As per the ratio laid by the Hon'ble Bombay High Court in the case of Jet Airways India Pvt. Ltd. [2010 (4) TMI 431 - HIGH COURT OF BOMBAY] and case of Ranbaxy Laboratories Ltd.[2011 (6) TMI 4 - DELHI HIGH COURT] which ratios were concurred by the Hon'ble jurisdictional Calcutta High Court in the case of M/s. Infinity Infotech Parks Ltd. [2014 (9) TMI 1142 - CALCUTTA HIGH COURT] though in the context of reopening u/s. 147 of the Act wherein the ratio held was that if the AO reopens the assessment of an assessee on 'x' ground and if he finds during the reassessment proceedings, that 'x' ground is absent/non-existing, then the AO should drop the proceedings and cannot make any other addition unless the AO makes an addition on 'x' ground. We thus find merit in the contention of Ld. A.R. that jurisdictional fact to exercise the revisional jurisdiction being absent/non-existing in this case, the Ld. PCIT ought to have dropped the proceedings and if he found any other issues/error on the part of the AO while framing the assessment order, then he ought to have given opportunity to the assessee and confronted it to the assessee and thereafter he could have made fresh endeavour to exercise revisional jurisdiction, which is not the case before us. Therefore the impugned order of Ld. PCIT dated 08.03.2021 is bad for want of jurisdiction and therefore stands quashed - Appeal of an assessee is allowed.
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