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2014 (4) TMI 157 - AT - Income TaxReopening of assessment u/s 147 of the Act Disallowance u/s 14A of the Act Held that:- The assessment order is quashed by the CIT(A) as invalid on the ground that proviso to section 14A prohibits re-opening of the assessment under section 147, for the purpose of disallowing any expenditure under section 14A the conclusion of the CIT (A), on the very face of it, is unsustainable, because the proviso is applicable only for the assessment year beginning on/or before 1st April 2001 the proviso will not be applicable for the assessment years beginning from 1st April 2002 - the assessment year involved is A.Y. 2005-06 and hence, the proviso will not bar the re-opening u/s 147 and will not be applicable the entire issue of deciding the validity of re-opening and on merits, is required to be remitted back to the CIT(A) thus, the matter is remitted back to the CIT(A) for fresh consideration Decided in favuor of Revenue. Appeal not decided on merits Reopening u/s 148 not proper Held that:- Since the matter is already remitted back to the CIT(A) to decide the issue of validity of re-opening u/s 147 on other objections of the assessee and also to deal and decide the issue on merits thus, the assessees grounds are also remitted back to the CIT(A) Decided in favour of Assessee.
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