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2013 (10) TMI 1417 - AT - Income TaxValidity of re-assessment proceedings - approval granted by Commissioner of Income Tax instead of Additional Commissioner / Joint Commissioner - Held that:- It is duly recorded in the order of Ld. CIT(A) that the AO had obtained the approval of Commissioner of Income Tax on 31/3/2009. In support the assessee had also filed a letter issued by Commissioner of Income Tax, which is reproduced in the above part of this order. Therefore, there remains no dispute on the fact that re-assessment proceedings have been initiated on the approval received by the AO from Commissioner of Income Tax and the said approval was not given of Additional Commissioner / Joint Commissioner of Income Tax. There is also no dispute that the approval has been issued after a period of four years from the end of the relevant assessment year. If these facts are undisputed, then it has to be held that the reassessment proceedings based on an approval granted by Commissioner of Income Tax instead of Additional Commissioner / Joint Commissioner of Income Tax are required to be held to be invalid. The relevant portion of aforementioned decision has already been reproduced. Relying thereon, we decide this issue in favour of assessee.
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