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2016 (8) TMI 1239 - HC - Income TaxAssessment u/s 153A - Held that:- Notice under section 153A was issued on November 3, 2006 and in response thereto the assessee filed its return on December 11, 2006 with a total income of ₹ 46,91,241 (rupees forty-six lakhs ninety-one thousand two hundred and forty-one only). Subsequently, on December 28, 2007 assessment was framed under section 153A read with section 143(3) on a total income of ₹ 51,86,410 (rupees fifty-one lakhs eighty-six thousand four hundred and ten only). Though this development took place during the pendency of the appeal filed by the Revenue before the Tribunal, when the Tribunal passed the impugned order on March 12, 2009 these developments were not brought to the notice of the Tribunal nor has the Tribunal considered the impact of these developments or section 153A of the Act on the proceedings. According to us for non-consideration of these developments that took place during the pendency of the appeal and also the impact of section 153A on the proceedings, the order passed by the Tribunal needs to be set aside and the matter has to be remitted to the Tribunal for fresh consideration.
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