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2016 (8) TMI 1228 - AT - Income TaxReopening of assessment - reason to believe - Held that:- Proceedings under Sec.147 of the Act contemplates “reason to believe on the part of the AO that any income chargeable to tax has escaped assessment for any assessment year”. Such satisfaction of the AO cannot be substituted by the CIT(A) in an appellate proceeding arising out of an order of assessment passed pursuant to an order or revision u/s.263 of the Act. In our view the CIT(A) having annulled the order of assessment ought not have given directions to the AO to initiate proceedings u/s.147 by issue of notice u/s.148 of the Act. We therefore quash that part of the order of the CIT(A) wherein the directions to initiate proceedings u/s.147 of the Act by issue of notice u/s.148 of the Act are contained. The appeal of the Assessee accordingly stands allowed.
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