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2008 (4) TMI 514 - HC - Income TaxAssessee not filed return - called upon to file return on account of investment in the construction of a building - assessee filed a return and along with it a valuation report of construction - Assessing Officer referred the valuation of the building constructed by the assessee to the Department's valuer - valuation was made by the Assessing Officer when the assessment stood remanded under the orders of the Commissioner of Income-tax (Appeals), counsel for the assessee contended that the Commissioner of Income-tax (Appeals) remanded the matter only for the limited purpose of considering certain cash credits and assessment as such was not pending before the Assessing Officer for reconsideration - authorities have not considered the impact of amendment with retrospective effect we leave open both the issues to the Commissioner of Income-tax (Appeals) for consideration, i.e., whether reopening is justified on account of retrospective amendment through introduction of section 142A and if so, to consider the assessee's challenge against the quantum of assessment - set aside the impugned orders of the Tribunal and remand the matter to the Commissioner of Income-tax (Appeals) for rehearing the assessee and for disposal of the case afresh
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